IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 617 of 2008 Between: 1 The Principal Secretary to Government, Higher Education (NSS2) Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2 The Principal Secretary to Government, Planning Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 3 The Director of Economics and Statistics, Government of Andhra Pradesh, Hyderabad. .....PETITIONERS AND K. Pulla Reddy, formerly Deputy Statistical Officer, O/o. The Director of Economics and Statistics, (on deputation to Higher Education Department, N.S.S. Cell), Hyderabad. .....RESPONDENT 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 issue an order, direction or a Writ particularly one in the nature of Writ of Certiorari calling for the records relating to the order of the Hon'ble Andhra Pradesh Administrative Tribunal dated 30- 8-2007 in O.A.No. 1149/2007 and to quash the same. Counsel for the Petitioners: GP FOR SERVICES II Counsel for the Respondent: Sri G. Vidyasagar. The Court made the following : THE HON’BLE Smt. JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE G. CHANDRIAH W.P. No. 617 of 2008 O R D E R: (Per THE HON’BLE Smt. JUSTICE T.MEENA KUMARI) This writ petition is filed against the order dated 30.8.2007 passed in O.A. No. 1149 of 2007 on the file of A.P. Administrative Tribunal. The respondent herein filed O.A. No. 1149 of 2007 seeking to declare the order dated 7.8.2006 passed by the 3rd petitioner herein dismissing him from service as illegal and arbitrary and consequently to set aside the same directing the petitioners herein to restore all service benefits to him with arrears. Having considered the matter, the Tribunal directed the petitioners herein to reinstate the applicant into service forthwith. The Tribunal further directed the petitioners herein to pay the subsistence allowance from the date of suspension till the date of reinstatement into service and observed that it is open for the petitioners herein to proceed against the applicant – respondent, if they so desire by issuing a fresh charge memo in accordance with the rules and observations made by the Tribunal while passing the order. Hence this writ petition by the petitioners. Heard the learned counsel for the parties and perused the material available on record. As could be seen from the record, it is evident that the authorities have pre-determined the issue and have already come to the conclusion. As the same is bad in law and vitiates the proceedings and any decision has to be taken after conducting property enquiry, the Tribunal rightly directed to reinstate the applicant into service and to pay subsistence allowance to the applicant – respondent. The Tribunal also observed that it is open for the respondents to proceed against the applicant, if they so desire by issuing a fresh charge memo in accordance with the rules and the observations made by it. Taking into consideration the facts and circumstances of the case, we do not find any error or legal infirmity in the order passed by the Tribunal warranting interference of this Court. The writ petition lacks any merit. It is accordingly dismissed. T. MEENA KUMARI, J. G. CHANDRAIAH, J. Date: 10-03-2008. MVB.