IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5501 of 2009 Between: M.L. Narasimha Rao, S/o. M. Ch. Krishna Rao, Office of the Prohibition & Excise Superintendent, NARASARAOPET, Guntur District. ..... PETITIONER AND 1 The Commissioner of Prohibition & Excise, Andhra Pradesh, Hyderabad. 2 The Collector & District Magistrate, Guntur - 522 004. 3 The Prohibition & Excise Superintendent, Guntur - 522 002. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to call for the records relating to the Order dated 06-2-2009 passed in OA No. 268 of 2007 by the Andhra Pradesh Administrative Tribunal and to set aside the same and in consequence there of to declare the action of the 1st respondent in issuing the Show Cause Notice, CR NO. 8680/03/CPE/H4, dated 16-11-2006 is unconstitutional by issuing a writ, order or direction more particularly in the nature of Writ of Certiorari, and to pass Counsel for the Petitioner:MR.V.V.NARASIMHA RAO Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO :5501 of 2009 ORDER: (per Hon’ble Sri. Justice Ghulam Mohammed) This writ petition is filed by the petitioner seeking a direction in the nature of certiorari, to call for the records pertaining to the order passed in O.A.No:268 of 2007 on 6.2.2009 by the A.P. Administrative Tribunal and to set aside the same by declaring the action of the 1st respondent in issuing the show cause notice, CR.No:8680/03/CPE/H4, dated 16.11.2006 as unconstitutional. The petitioner is the applicant before the tribunal. He filed the O.A seeking to set aside the impugned notice bearing No.CR.No:8680/03/CPE/H4, dated 16.11.2006 by declaring the action of the 1st respondent as illegal and violation of A.P. Civil Services Conduct, Classification (Appeal) Rules. The tribunal having observed that the applicant got the present job by suppressing the fact that by the time of his application to the present employment on compassionate grounds, he was an employee in APSRTC and therefore, there is no reason to interfere with the impugned notice, dismissed the O.A. Having aggrieved by the same, the present writ petition is preferred by the applicant. Heard the learned counsel and perused the entire material available on record and the notice impugned. The main thrust of the argument of the learned counsel for the applicant is that on earlier occasions in the years 2003 and 2005, enquiry was conducted against the applicant regarding the same charges and subsequently, the enquiry was concluded holding that the applicant was found not guilty. Thus, the enquiries are being conducted one after another at the instance of a private person who has no locus standi. It is further contended that the tribunal is not justified in giving finding on the question of facts, which is a subject matter of the enquiry and therefore, such premature findings of the tribunal, are liable to be eschewed from consideration. Therefore, the present impugned notice is liable to be set aside. Whether any enquiry has been conducted on earlier occasions and whether the applicant was found not guilty of the charges leveled against him, the material on record makes it clear that the notice impugned in the O.A is a show cause notice giving an opportunity to the applicant to submit his explanation as to the allegations averred therein. But, instead of submitting his explanation in response to the show cause notice, the applicant has directly approached this Court invoking the jurisdiction of this Court under Article 226 of the Constitution of India. Hence, We feel that the approach of the applicant, is a premature one. However, We deem it appropriate to direct the applicant to submit his explanation within a period of two (2) Weeks from today and on filing such an explanation, the authorities may pass appropriate orders in accordance with law. It is also made clear that the authorities shall pass the orders uninfluenced by the observations made by the tribunal in the course of its order. Subject to the above observations, this writ petition is dismissed. No costs. __________________________ Justice Ghulam Mohammed _____________________________ Justice B.Seshasayana Reddy Dated: 25th March, 2009 gurc. THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO :5501 of 2009 (Order of the Division Bench delivered by the Hon’ble Sri. Justice Ghulam Mohammed) 25th March, 2009