IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 8444 of 2008 Between: 1 Union of India, Rep. by its Secretary, Ministry of Finance, Department of Revenue Central Board of Excise and Customs, North Block, New Delhi - 110 001. 2 The Chairman, Central Board of Excise & Customs, North Block, New Delhi - 110 002. 3 The Chief Commissioner of Central Excise, Visakhapatnam Zone, Central Excise Building, Port Area, Visakhapatnam - 530 035. 4 The Commissioner of Central Excise, Visakhapatnam - I Commissionerate, Central Excise Building, Port Area, Visakhapatnam - 530 035. 5 The Joint Commissioner of Central Excise, (Now Additional Commissioner of Central Excise), Visakhapatnam -I, Comissionerate, Central Excise Building, Port Area, Visakhapatnam - 530 035. ..... PETITIONERS AND Shri T. Ramachandra Murthy, (T.R.C. Murthy), D.No. 16-26-12/1, Venkateswara Nagar, Behind E.S.I. Hospital, Kakinada. .....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 a Writ in the nature of Certiorari or any other appropriate Writ calling for records pertaining to order dt. 31.12.2007 in OA No. 22 of 2007 passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad and quash the same or pass Counsel for the Petitioner:MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) Counsel for the Respondent No.: . The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :8444 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioners seeking to set aside the order passed in O.A.No:22 of 2007 on 31.12.2007 by the Central Administrative Tribunal. The petitioners are the respondents and the respondent is the applicant before the tribunal. The status of the parties will be referred to as arrayed before the tribunal for the sake of convenience. The applicant has filed the O.A. seeking to direct the respondents to reinstate him into service with all consequential benefits. The tribunal having observed that in the instant case, it is not the case of the respondents that the disciplinary authority has decided to conduct further inquiry despite the orders of acquittal passed by the High Court and therefore, there is absolutely no basis for the respondents to keep the applicant out of service and as on today, as the conviction is no longer in force in view of the orders of this Court, dated 3.1.2006 passed in Criminal Appeal No:901 of 2001, the respondents are not justified in not reinstating the applicant into service and that the applicant cannot be asked to wait for the result of the Apex Court, allowed the O.A setting aside the orders impugned therein and directing the respondents to reinstate the applicant into service with all consequential benefits. Having aggrieved by the same, the respondents have preferred the present writ petition. Heard and perused the entire material available on record as well as the order impugned. The fact that remains undisputed is that the applicant has been acquitted by this Court on 3.1.2006 in Crl. Appeal No:901 of 2001. If that being the case, the respondents-authorities are not justified to keep the applicant out of service as rightly observed by the tribunal. At this stage, as rightly observed by the tribunal, it is needless to observe that nothing prevents the respondents to proceed against the applicant in case of success in the appeal preferred by the C.B.I before the Apex Court. In the present facts and circumstances of the case and in view of the acquittal of the applicant in the criminal appeal, We feel that the tribunal is justified in passing the order impugned herein, which does not suffer from any legal infirmity or irregularity and as such, this writ petition is devoid of merits and thereby, the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. ______________________ Justice T.Meena Kumari ______________________ Justice S.Ashok Kumar Dated:18.4.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :8444 of 2008 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 18/04/2008 ,