HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION NO. 7050 OF 2011 Between: The Government of Andhra Pradesh represented by its Principal Secretary to Revenue Department, Secretariat Hyderabad and three others ………….Petitioners AND K. Rama Krishna Raju and one another ………….Respondents ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed seeking to issue an order particularly one in the nature of Writ of Certiorari calling for the records relating to and connected with the orders dated 6.10.2010 passed in O.A.No. 6550 of 2010 by the Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same as illegal. Pending final adjudication of O.A, the Tribunal by order dated 06.10.2010 passed the following interim order: “Therefore, the respondents are directed to consider the case of the applicants for promotion to non selection post without taking into account the departmental proceedings/criminal case pending against them if they are not under currency of punishment, subject to the result of these O.As. Admit. Issue notice to the respondents returnable in four weeks.” Heard the learned Government Pleader for Services- II appearing for the petitioners and Mr. C. Rajasekhar Reddy, caveator for the first respondent and also perused the material made available on record. When once the Tribunal is seized off the matter and there is no decision rendered on merits, it is not open for this Court to determine the rights of the parties. Hence, we are not inclined to exercise our certiorari jurisdiction inasmuch as there is no decision rendered by the Tribunal on merits. The Supreme Court in L. CHANDRA KUMAR VS. UNION OF INDIA[1], also observed as under: “The jurisdiction conferred upon the High Courts under Articles 226/227 and upon the Supreme Court under Article 32 of the Constitution is a part of the inviolable basic structure of our constitution. While this jurisdiction cannot be ousted, other courts and Tribunals may perform a supplemental role in discharging the powers conferred by Articles 226/227 and 32 of the Constitution.” Following the above judgment, the Writ Petition is dismissed. However, as the learned Government Pleader contended that when once the departmental proceedings have been initiated against the first respondent, the Tribunal ought not to have directed the respondents therein to consider the case of the applicants for promotion to non selection post, we direct the petitioners –Government herein, to file a vacate stay petition, seeking to vacate the interim order dated 6.10.2010 passed by the Tribunal. On such application being filed, the Tribunal is directed to consider the same and pass appropriate orders, within a period of three weeks from the date of filing of the vacate stay application by the petitioners-Government herein. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J ______________________ K.G.SHANKAR , J DATE: 28.03.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies. [1] (1997) 3 SCC 261