THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.G. SHANKAR W.P.No.27521 of 2010 Date: 16.06.2011 Between: The Agricultural Market Committee, Vuyyuru, rep.by its Secretary, Vuyyuru, Krishna District, and another .. Petitioners AND S. Rafi Ahmed and 3 others .. Respondents THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.G. SHANKAR W.P.No.27521 of 2010 ORDER (per Hon’ble Sri Justice Ghulam Mohammed): The writ petition is filed to issue an order, more particularly, one in the nature of Writ of Certiorari to call for the records in relation to the order dated 13.08.2010 passed in O.A.No.12213 of 2009 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad, as amended by way of Corrigendum in order dated 09.09.2010 in M.A.No.2558 of 2010 and to quash the same as illegal and arbitrary and consequently to uphold the proceedings dated 06.08.2009 in Rc.No.115 of 2009 issued by the writ petitioner-Agricultural Market Committee, Vuyyuru, Krishna District. 2. It is the case of the Agricultural Market Committee that the first respondent was placed under suspension on the ground of his involvement in a criminal case registered in Crime No.370 of 2009 and arrested on 01.08.2009. He was appointed on compassionate grounds as Assistant Market Supervisor in the Agricultural Market Committee, Vuyyuru. He had produced a fake degree certificate said to be obtained from Magadh University at the time of appointment and that in fact he did not qualify even in Intermediate examination and he purchased the degree certificate from one M. Mallikarjuna Reddy. The first respondent was in the custody for a long period and as such he was kept under suspension as per Andhra Pradesh Civil Services (CCA) Rules, 1991 and Rule 200 (5) of Market Rules, 1969 wherein it is stated that if a person is involved in a criminal act on any allegation, the employee may be kept under suspension in public interest until the outcome of the judgment. 3. It is the case of the first respondent that when the said criminal case was registered against him, he was enlarged on bail on 18.08.2009 and as such he was suspended through proceedings dated 06.08.2009. There is no nexus between the allegations made in the complaint and the duties he perform and he has not violated any of the provisions of A.P.C.S. (CCA) Rules. He would suffer irreparable loss and injury, if he is continued under suspension till the final order is passed in the criminal case. The Agricultural Market Committee itself conducted an enquiry after registration of Crime No.370 of 2009 and addressed a letter dated 11.09.2009 to the Magadh University to furnish as to whether the certificate issued to the first respondent is genuine or not. By letter dated 06.11.2009, the Agricultural Market Committee was informed that the certificate was issued by the University and it is genuine one. Even after receiving the said letter, the first respondent was continued under suspension even though it prima facie proved that the allegations made against him are false and he is falsely implicated in the crime. 4. After perusal of the material available on record and after having heard both sides, the Tribunal, by order dated 13.08.2010 disposed of the O.A. No.12213 of 2009 directing the Agricultural Market Committee to reinstate the first respondent into service if not already done and the Market Committee is at liberty to take any suitable action after the conclusion of the criminal case against him. Questioning the said order, the Agricultural Market Committee filed the present writ petition. 5. Heard Sri C. Raghu, learned Standing Counsel appearing on behalf of the writ petitioners-Agricultural Market Committee and K. Lalitha, learned counsel for the first respondent. 6. The learned Standing Counsel for the Agricultural Market Committee contended that the first respondent was mistakenly appointed on compassionate grounds and later it was found that he had not even passed intermediate and purchased a degree certificate from the Magadh University. Since he was in custody in a criminal case, he was suspended and is continuing till the outcome of the criminal case. 7. The learned counsel for the first respondent contended that the suspension proceedings dated 06.08.2009 of the first respondent was a result of a false case registered against him and that he was suspended. Later, the Magadh University gave a clarification stating that the certificate issued to the first respondent was genuine one. Even after receiving the said clarification, he was still continued under suspension. The first respondent has not violated any of the A.P.C.S. (CCA) Rules and therefore, the writ petition is liable to be dismissed. 8. As can be seen from the impugned order, it is clear that on 06.11.2009 the Magadh University addressed a letter to the Agricultural Market Committee stating that the certificate issued to the first respondent is genuine one. In view of the said letter, there is no reason to keep the first respondent under suspension. It will take some time for conclusion of the criminal case of the first respondent. Based on the letter of the Maghadh University, the Tribunal rightly came to a conclusion in directing the Agricultural Market Committee to reinstate the first respondent if not already done. Therefore, we do not find any infirmity in the impugned order warranting interference of this Court and it is liable to be dismissed. 9. Accordingly, the writ petition is dismissed. However, there shall be no order as to costs. __________________ Ghulam Mohammed, J ________________ K.G. Shankar, J Date: 16.06.2011 Isn