IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 733 of 2009 Between: 1 Union of India, Rep by its Secretary, to Government of Atomic Energy, Anushakti bhavan, CSM Marg, Mumbai. 2 The Chief Executive (Disciplinary Authority), Nuclear Fuel Complex, Department of Atomic Energy. Govt of India ECIL, Post, hyderabad - 500 062 ..... PETITIONER(S) AND Shri M.Kistaiah, S/o. M.Narsimha Trademan 'G' (EC No.2142), Nuclear Fuel Complex, ECIL Post, Hyderabad- 500 062, R/o. 7-72, Village Medipally, Post Uppal, Ranga Reddy District-500 062 .....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 to issue any writ or order or direction more particularly in the nature of writ of certiorari to call for records in OA.No.959/2004 decided on 22-07-2008 on the file of the Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad, and quash the same as arbitrary, unjust and unconstitutional and violative of Articles 14 and 16 of the Constitution of India and pass Counsel for the Petitioner:MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) Counsel for the Respondent No.: . The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) The learned counsel appearing for the respondent submits that the matter is squarely covered by the judgment of this Court reported in K. SURI BABU AND ANOTHER VS. NUCLEAR FUEL COMPLEX, HYDERABAD AND OTHERS[1], wherein a Division Bench of this Court allowed the matter and set aside the order of the Central Administrative Tribunal, Hyderabad, the relevant portion of which reads as under: “In the result, both the writ petitions are allowed and the orders of the Central Administrative Tribunal, Hyderabad Bench in O.A.No. 101 of 2008, dated 19.2.2008 are set aside and the disciplinary action initiated against the writ petitioners under Central Civil Services (Classification, Control and Appeal) Rules, 1965 is also set aside. However, it is open to the respondents to take afresh such further action they may desire and decide to take in respect of the subject matter of such disciplinary proceedings under the Certified Standing Orders under the Industrial Employment (Standing Orders) Act, 1946 applicable to the petitioners”. Following the above judgment, this Writ Petition is dismissed. However, this order does not preclude the authorities from initiating proceedings against the respondent under the Industrial Employment (Standing Orders) Act, 1946. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ SANJAY KUMAR, J Dt. 22.1.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies [1] 2008 (6) ALT 390 (D.B)