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 : 22669 of 2008 Between: N.V. Jayanth Babu, s/o. Nagi Reddy Polaiah, Social Forestry Division, Rajiv Park, Nalgonda, Nalgonda District. ..... PETITIONER AND 1 The Principal Chief Conseravator of Forests, 'Aranya Bhavan,' Andhra Pradesh, Hyderabad. 2 The Conservator of Forests, P & E, Hyderabad. 3 State of A.P. Rep by its Special Chief Secretary to Govt. EFS&T Department, Secretariat Buildings, Hyderabad. .....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 Ref.No. 28057/2007/PXT3 dt. 29-11- 2007 issued by the 1st respondent, as arbitrary, illegal, discriminatory violating Article 14, 16 and 21 of the constitution of India and ultra vires to Rule 8 of the CCA rules and set aside the same including order of the Hon'ble Tribunal dt. 25-9-2008 in OA N. 7694/2007 and issue consequential directions directing the respondents to continue the petitioner in service 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 is filed in the nature of a Writ of Mandamus declaring the proceedings Ref. No. 28057/2007/PXT3 dated 29.11.2007 issued by the first respondent, as arbitrary, illegal and to set aside the order of the Tribunal dated 25.9.2008 made in O.A.No. 7694 of 2007. O.A.No. 9795 of 2001 was filed by the petitioner under Section 19 of the Administrative Tribunals Act, 1985 praying the Tribunal to grant appropriate relief, declaring the proceedings Ref. No. 28057/2007/PXT3 dated 29.11.2007, issued by the first respondent as arbitrary, illegal and consequently direct the respondents to forth with reinstate him into service, with all consequential benefits. Brief facts of the case are that the petitioner-applicant was involved in a case in connection with his official duties. The impugned orders, referred to Government Memo, dated 17.11.2007 which also state that the Government has requested to take action against the applicant, as requested by the Director General, ACB. Therefore, in this case, the request from the DG., ACB was very much present, as evidenced by the impugned order itself. Further, the counter affidavit also states that, both the report of the ACB as well as the factum of the arrest of the applicant and his detention for more than 48 hours, were taken into account before passing the impugned orders. The applicant has also not stated any reasons as to why he was under custody for more than 48 hours. The Tribunal held that the prayer sought for by the applicant cannot be granted and dismissed the O.A. However, it was held that keeping in view the factum that a period of six months has already elapsed from the date of suspension, there shall also be a direction to the first respondent to review the orders of suspension in accordance with the Rules and pass appropriate orders within a period of two weeks from the date of receipt of a copy of the order. Heard the learned counsel appearing for both the parties. Today at the time of hearing, the learned Government Pleader for Services-II produced a letter reference No. 28057/2007/PXT3, dated 15.11.2008, showing that the Principal Chief Conservator of Forests, (Head of Forest Force) addressed a letter to the Government Pleader for Services-I, wherein it is stated that pursuant to the directions given by the Tribunal, the matter has been addressed to the Government, seeking instructions to take further action to suspend the individual once again or not and it is stated that orders are awaited. In view of the above statement of the learned Government pleader that the matter is pending before the Government for instructions to take further action to suspend the individual once again or not and the ACB case against the petitioner is still pending with the Anti Corruption Bureau authorities, we do not find any infirmity or illegality in the order passed by the Tribunal and there is no error of jurisdiction warranting our interference in this matter. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ B. SESHASAYANA REDDY, J Dt. 24.11.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Chief Conseravator of Forests, 'Aranya Bhavan,' Andhra Pradesh, Hyderabad. 2 The Conservator of Forests, P & E, Hyderabad. 3 State of A.P. Rep by its Special Chief Secretary to Govt. EFS&T Department, Secretariat Buildings, Hyderabad. 4. 2CD copies