THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU Writ Petition No.22458 of 2007 Date: 21-01-2008 Between 1. The Government of A.P., rep. by its Principal Secretary, Health, Medical & Family Welfare (VC.II) Department, Secretariat, Hyderabad and three others … Petitioners and Dr. K.Sreedhar Reddy, District T.B.Control Officer, H.No.2-2-23/22/17, Durgabai Deshmukh Colony, Baghamberpet, Hyderabad-13 … Respondent THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU Writ Petition No.22458 of 2007 Oral Order: (per the Hon’ble Sri Justice D.S.R.Varma) Heard the learned Government Pleader for Services I appearing for petitioners and Sri M.Ratna Reddy, learned Counsel appearing for respondent-applicant. 2. This writ petition is filed challenging the oral order, dated 17-01-2007, in O.A.No.3789 of 2004, passed by the Andhra Pradesh Administrative Tribunal (for brevity ‘the Tribunal’) setting aside the order of removal passed against the applicant. 3. The law is well settled that when once the enquiring authority and the disciplinary authority imposed an order of punishment on the delinquent, the same cannot be interfered with by way of modification on the ground that such punishment is disproportionate and accordingly the matter has to be remanded to the Tribunal for Disciplinary Proceedings (for brevity ‘the TDP’) for fresh consideration. Challenging the said order, the present writ petition is filed. 4. It is brought to the notice of this Court that during the hearing of the matter, this Court made a suggestion to the petitioners to consider as to whether the punishment imposed on the applicant be modified as that of ‘compulsory retirement’ instead of ‘removal from service’. Pursuant to the same, we are now informed by the learned Government Pleader for Services I appearing for petitioners that in response to the suggestion made by the Division Bench of this Court, the Health, Medical and Family Welfare (VC.II) Department, Government of Andhra Pradesh, vide Memo No.13093/VC.II(2)/01-7, dated 28-12-2007, considering the case of the applicant, modified the punishment of ‘removal from service’ imposed against the applicant as that of punishment of ‘compulsory retirement’ duly treating the period of his absence from 09-6-1981 to 11-01-2000 and from 27-02-2004 to 31-7-2005 as ‘Dies-Non’. 5. The learned Government Pleader for Services I appearing for petitioners had been accordingly informed by the Government of Andhra Pradesh by the said Memo and the said Memo had been submitted to this Court, which had been made part of this record. 6. Keeping in view the statement made by the learned Government Pleader for Services I appearing for petitioners basing on the information forwarded to him, we deem it appropriate that the writ petition be disposed of accordingly, since there remains nothing for further adjudication. 7. In the result, the writ petition is disposed of setting aside the impugned order passed by the Tribunal, at the stage of admission. ___________________ JUSTICE D.S.R.VARMA ___________________ JUSTICE K.C.BHANU 21st January, 2008. Ak