HONOURABLE MR. JUSTICE B.PRAKASH RAO AND HONOURABLE MR. JUSTICE G.BHAVANI PRASAD WRIT PETITION NO.20427 OF 2000 ORDER: (Per Hon’ble Sri Justice B.Prakash Rao) The petitioner, who is the State, filed this writ petition inter alia seeking for writ of certiorari of the orders passed by the A.P. Administrative Tribunal, Hyderabad, in O.A.No.3061 of 1997 dated 20/07/2000 allowing an application filed by the respondent/employee, who was working as a police constable, under Section 19 of the Administrative Tribunals Act, 1985, where he assailed the correctness of the proceedings dated 02/05/1997 dismissing him from service. The facts in brief are that on the allegation that he misbehaved with a lady and a criminal case having been registered and proceeded with against the employee, the petitioner dismissed the respondent from service. However, subsequently, the said criminal case in S.C.No.442 of 1997 on the file of the Court of V Additional Metropolitan Sessions Judge, Hyderabad, was ended in acquittal against the respondent, and therefore, the grievance of the respondent/employee was having regard to such acquittal, he is entitled to reinstatement and the Tribunal allowed the application and also observed that it is always for the petitioner to hold an enquiry in the matter. In view of the aforesaid observations and also the factum of acquittal in the said criminal case, the petitioner cannot simply set right its case on the dismissal order without holding any enquiry. Even otherwise, it is seen from the record that in the said criminal case, the victim and the husband of the victim who were examined as P.Ws.1 and 2 turned hostile and did not support the prosecution. In view of the same, nothing remains to be put against the respondent/employee. Hence, we do not find any error to interfere with the orders of the Tribunal. The Writ Petition is accordingly dismissed. No order as to costs. _________________ B.PRAKASH RAO, J ____________________ G.BHAVANI PRASAD, J Date: 22-10-2009 SKM