IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 25147 of 2008 Between: D.Abbulu S/o.late Dasari Chinna Ramayyam Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, represented by its Principal Secretary, Health, Medical & Family Welfare Department, Secretariat, Hyderabad. 2 The Government of Andhra Pradesh, represented by its Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad. 3 J.Nageswara Rao S/o.Brahmaiah Greater Visakhapatnam Municipal Corpn., Visakhapatnam. 4 The Greater Visakhapatnam Municipal Corpn., Visakhapatnam, rep. by its Commissioner, Visakhapatnam. .....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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Certiorari and call for the records relating to and connected with orders of the Hon'ble A.P. Administrative Tribunal in O.A.No.9211 of 2008, dated 11.11.2008 and quash or set aside the same as being arbitrary, discriminatory and contrary to the facts and law and to grant all consequential benefits and pass such other order or orders. Counsel for the Petitioner:MR.P.NAVEEN RAO Counsel for the Respondent No.: GP FOR SERVICES I ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed for issuance of Writ of Certiorari calling for the records from the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No. 9211 of 2008 dated 11.11.2008, wherein the Tribunal pending disposal of main O.A granted interim suspension of G.O.Ms.No. 373, Health, Medical and Family Welfare (B2) Department, dated 14.10.2008 of the first respondent and directed the respondents to continue the applicant as Chief Medical Officer. The learned counsel appearing for the petitioner has drawn our attention to the paragraphs 3 and 4 of the impugned G.O.Ms.No. 373 Health, Medical and Family Welfare (B2) Department dated 14.10.2008, which reads as under: “3. In the reference 3rd read above, the Commissioner, Greater Hyderabad Municipal Corporation has reported that Greater Visakhapatnam Municipal Corporation is having one post of Chief Medical Officer of Health in the cadre of Deputy Civil Surgeon and as per the orders issued by Government in the G.O. 1st read above, Dr. J. Nageswara Rao is working as Chief Medical Officer of Health in Greater Visakhapatnam Municipal Corporation on his own pay. 4. Government, after careful examination of the matter and in consultation with Municipal Administration & Urban Development Department, hereby appoint Dr. D. Abbulu, Deputy Civil Surgeon, Andhra Medical College (ROME), Sabbavaram, Visakhapatnam as Chief Medical Officer of Health in Greater Visakhapatnam Municipal Corporation on deputation basis initially for a period of three years in terms of G.O. 4th read above, in place of Dr. J. Nageswara Rao duly terminating the orders issued in the G.O Ms. No. 465, Municipal Administration and Urban Development Department, dated 30.6.2007, with immediate effect.” The learned counsel appearing for the petitioner contended that the cadre controlling authority has exercised its powers in consultation with the Municipal Administration and Urban development Department, and issued G.O.Ms. No. 373 dated 14.10.2008 appointing the petitioner - Dr. D. Abbulu, working as Deputy Civil Surgeon, Andhra Medical College, (ROME), Sabbavaram, Visakhapatnam as Chief Medical Officer of Health in Greater Visakhapatnam Municipal Corporation on deputation basis initially for a period of three years in place of Dr. J. Nageswara Rao duly terminating the orders issued in G.O.Ms.No. 465 dated 30.6.2007. He further contended that the Tribunal ought not to have granted interim suspension without adjudicating the matter on merits. On the other hand, the learned counsel appearing for the respondents contended that the Commissioner, Grater Hyderabad Municipal Corporation has reported that Greater Visakhapatnam Municipal Corporation is having one post of Chief Medical Officer of Health in the cadre of Deputy Civil Surgeon and as per the orders issued by Government in G.O.Ms.No. 465, Municipal Administration and Urban Development Department dated 30.6.2007 Sri J. Nageswara Rao, who is third respondent herein, was promoted as Chief Medical Officer of Health in Greater Visakhapatnam Municipal Corporation in his own pay with immediate effect, but the Tribunal without noticing the same, granted interim suspension and, therefore the order passed by the Tribunal is illegal and arbitrary. When the matter came up for admission on 15.11.2008 this Court while issuing notice before admission observed that the applicant in the O.A has not arrayed the 4th respondent-Greater Visakhapatnam Municipal Corporation, Visakhapatnam as a party. On that day the learned counsel appearing for the petitioner also submitted that the third respondent herein has already been relieved from his duty and the petitioner herein also has assumed the charge as Chief Medical Officer and the Tribunal ought not to have passed the order of interim suspension. In view of the above submission and also in view of the facts and circumstances of the case, we are not inclined to interfere with the order passed by the Tribunal since the matter requires to be adjudicated by the A.P. Administrative Tribunal, Hyderabad. Accordingly, the Writ Petition is dismissed. However, we deem it appropriate to direct the A.P. Administrative Tribunal, Hyderabad to dispose of the O.A.No. 9211 of 2008, within a period of six weeks from the date of receipt of a copy of this order. Till such time, interim suspension granted by this court on 15.11.2008 shall continue. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ B. SESHASAYANA REDDY, J Dt. 24.11.2008 KA Note: 1. Communicate a copy of this Order to the Registrar, Andhra Pradesh Administrative Tribunal, Hyderabad. 2. Furnish copy in one week. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, represented by its Principal Secretary, Health, Medical & Family Welfare Department, Secretariat, Hyderabad. 2 The Government of Andhra Pradesh, represented by its Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad. 3 J.Nageswara Rao S/o.Brahmaiah Greater Visakhapatnam Municipal Corpn., Visakhapatnam. 4 The Greater Visakhapatnam Municipal Corpn., Visakhapatnam, rep. by its Commissioner, Visakhapatnam. 5. 2 CCs to G.P. for Services I, High Court of A.P. Hyderabad, OUT. 6. 2CD copies