THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.28504 OF 2007 Date: 29.01.2008 Between: C.Ranganna …Petitioner and State of A.P., rep. by its Principal Secretary, Revenue Dept., Secretariat, Hyderabad & 2 others …Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.28504 OF 2007 ORAL ORDER: (per the HON’BLE SRI JUSTICE D.S.R.VARMA) Heard the learned counsel appearing for the petitioner as well as the learned Government Pleader for Services I, appearing for the respondents. 2. This writ petition is filed, under Article 226 of the Constitution of India, to declare the action of the respondents in not considering and disposing of the representation, dated 23.10.2007, filed by the petitioner, before taking any action in pursuance of the judgment, dated 23.07.2007, passed by the Additional Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad, in C.C.No.25 of 2003, as arbitrary, illegal, unconstitutional, violative of Articles 14, 16 and 21 of the Constitution of India, and for a consequential direction restraining the respondents from initiating any disciplinary action in pursuance of the said judgment, without disposing of the said representation, dated 23.10.2007, filed by the petitioner. 3. Petitioner is the applicant and respondents are the respondents in O.A.No.7464 of 2007, before the Andhra Pradesh Administrative Tribunal at Hyderabad (for brevity “the Tribunal”), filed under Section 19 of the Andhra Pradesh Administrative Tribunals Act, 1985, seeking the same relief as is sought in the present writ petition. 4. The Tribunal, having heard both sides, dismissed the said O.A.No.7464 of 2007, filed by the petitioner, along with another O.A.No.7478 of 2007, filed by one G.Moses, by a common order, dated 10.12.2007, on the ground that the O.As., were premature and did not disclose any cause of action. 5. Instead of challenging the common order, dated 10.12.2007, passed by the Tribunal, the petitioner has filed the present writ petition, seeking the same relief as was sought in the said O.A. However, this Court is inclined to treat the present writ petition as the one filed challenging the common order, dated 10.12.2007, passed by the Tribunal. 6. It is the contention of the learned counsel appearing for the petitioner that the Tribunal made certain observations, while disposing of the O.A., which are uncalled for. It is his further contention that, those observations pertain to some disciplinary proceedings, which are allegedly pending against the petitioner. The petitioner apprehends that those observations may affect his future, inasmuch as, they may suggest something adverse to him. 7. From a perusal of the impugned common order, we are of the view that the Tribunal had dismissed the O.A., as premature, basing on certain facts. But for those facts, there was no option for the Tribunal to dismiss the O.A., as premature. The only option for the Tribunal, in such a case, would be to give a positive direction, as prayed for by the petitioner viz. to dispose of the representation, dated 23.10.2007, made by the petitioner, in accordance with law. 8. But, the Tribunal felt that in view of the facts on record, prima facie, there was no cause of action at all to file the O.A. So, we do not find anything commented upon, in the impugned common order, by the Tribunal, contrary to the interest of the petitioner. 9. The apprehension of the petitioner, in our considered view, is totally unfounded. However, it would suffice, in the interest of justice, to dispose of the writ petition with a clarification that the observations made by the Tribunal, while passing the impugned common order, should not be understood as adverse comments made against the petitioner, and the representation, dated 23.10.2007, filed by the petitioner shall be considered and disposed of on its own merits. 10. With the above directions and observations, the writ petition is disposed of, at the stage of admission. However, there shall be no order as to costs. ---------------------------- JUSTICE D.S.R.VARMA --------------------------- JUSTICE K.C.BHANU 29TH JANUARY 2007 DRK