IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 3988 of 2009 Between: G.V. Prakash Rao S/o.G. Sunder Rao District police Office, Machilipatnam, Krishna District. ..... PETITIONER AND 1 The Deputy Inspector General of Police, Eluru Range, Eluru, West Godavari District. 2 The Director General and Inspector General of Police, Govt. of A.P., Lakdikapool, Hyderabad. 3 The Government of Andhra Pradesh, rep. by its Principal Secretary to Government, Home [Police.C] Department Secretariat Buildings, Hyderabad. 4 The Superintendent of Police, Krishna District at Machilipatnam. .....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 to issue a writ, order or direction in the nature of Mandamus or otherwise declaring the Proceedings C.No.566/A/2008 / R.O.No.304/2008 dated 16.9.2008, issued by the 1st respondent, as arbitrary, illegal and unconstitutional, violating Articles 14, 16 and 21 of the Constitution of India and set aside the same, and further declare the action of the Hon'ble Tribunal in not granting interim order in O.A.No.7764/2008 and issuing notice before admission by order dt. 4.2.2009 as equally erroneous, and issue consequential direction, directing the respondents to continue the petitioner as Inspector of Police in setting aside the Proceedings C.No.566/A/2008 / R.O.No.304/2008 dated 16.9.2008, issued by the 1st respondent, or alternatively direct the respondents to continue the petitioner as Inspector of Police in suspending the Proceedings C.No.566/A/2008 / R.O.No.304/2008 dated 16.9.2008, issued by the 1st respondent, pending disposal of O.A.No.7764/2008 before the Hon'ble Tribunal and pass Counsel for the Petitioner:MR.P.V.KRISHNAIAH Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed challenging the action of the Tribunal in not granting interim order in favour of the petitioner in O.A.No. 7764 of 2008 on the file of A.P. Administrative Tribunal, Hyderabad and for consequential direction directing the respondents to continue the petitioner as Inspector of Police in setting aside the proceedings dated 16.9.2008, by virtue of which, the petitioner –Mr. G. V. Prakasha Rao, Inspector of Police, DCRB Krishna, Machilipatnam was reverted from the post of Inspector of Police (Civil) to the Post of Sub Inspector of Police (Civil) since he has not completed six years of service. The learned counsel appearing for the petitioner contended that the reversion order suffers from various legal infirmities since the same is passed without application of mind. We have heard the leaned counsel and perused the impugned order. The Tribunal declined to grant any interim order pending disposal of the O.A. As seen from the impugned order dated 16.9.2008, it discloses that the petitioner became eligible for promotion to the rank of Inspector of Police (Civil) on or after 5.1.2002 and he was appointed as SI of Police (Civil) by transfer on 6.1.1996 but he was promoted as Inspector of Police (Civil) not according to his turn on 11.10.2001. Therefore, he is not eligible for notional promotion. Be that as it may, when once the Tribunal is seized of the matter and there is no decision rendered on merits, it is not desirable for this Court to determine the rights of the parties. Hence, we are not inclined to entertain this Writ Petition and the same is liable to be dismissed. Accordingly, the Writ Petition is dismissed. However, the Tribunal is directed to dispose of the O.A as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order. Till such time, the order of reversion shall stand suspended. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ SANJAY KUMAR , J Dt. 27.02.2009 KA Note: Communicate a copy of this order to the Registrar, Andhra Pradesh Administrative Tribunal, Hyderabad. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Deputy Inspector General of Police, Eluru Range, Eluru, West Godavari District. 2 The Director General and Inspector General of Police, Govt. of A.P., Lakdikapool, Hyderabad. 3 The Government of Andhra Pradesh, rep. by its Principal Secretary to Government, Home [Police.C] Department Secretariat Buildings, Hyderabad. 4 The Superintendent of Police, Krishna District at Machilipatnam. 5 2 CCs to G.P. for Services-1, High Court of A.P. Buildings, Hyderabad OUT 6. 2 CD copies