HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.24928 OF 2009 Dt.19.1.2010 Between: The Government of Andhra Pradesh, rep. by its Principal Secretary, Finance Department, Secretariat, A.P., Hyderabad and others .. Petitioners And Md. Faratulla .. Respondent HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.24928 OF 2009 ORDER: (Per Sri Justice V.Eswaraiah) Heard the learned Government Pleader for Services-II appearing on behalf of the petitioners. Pursuant to the notice ordered before admission on 18.11.2009 permitting the learned counsel to take out personal notice to the respondent and file proof of service, the counsel filed proof of service of the notice received by the respondent on 10.12.2009. But none appeared on behalf of the respondent. Learned counsel for the petitioners submits that the subject matter of the writ petition is squarely covered by the judgment of this Court in W.P.No.8000 of 2009 and batch, dated 17.11.2009. O.A.No.4041 of 2008 filed by the respondent herein was allowed by the Andhra Pradesh Administrative Tribunal by order dated 17.4.2009 following the judgment of this Court in W.P.No.16102 of 2007, dated 27.8.2007. The facts of the case in brief are that the respondent herein was involved in a ACB case and he was convicted in C.C.No.33 of 1994 by the Principal Special Judge for SPE & ACB Cases-cum-IV Additional Chief Judge, City Civil Court, Hyderabad, by order dated 2.12.2004. Against the said order, the respondent preferred Crl.A.No.2620 of 2004 before this Court and this Court suspended the sentence alone without interfering with the conviction. As the Criminal Court convicted the respondent, the 3rd petitioner herein, who is the disciplinary authority, passed orders dismissing him from service vide order dated 17.3.2006. It is the case of the respondent that he was retired from service on 31.12.2007 and in view of the suspension of the sentence in Crl.A.No.2620 of 2004, he is entitled to be continued under suspension and entitled for all retiral benefits. That request was accepted by the Tribunal and accordingly allowed the said O.A. Questioning the same, this writ petition is filed. In our judgment in W.P.No.8000 of 2009 and batch, dated 17.11.2009, we have considered the earlier judgment of this Court in W.P.No.16102 of 2007 and in view of the various judgments of the Apex Court we held that the said judgment is per incuriam. We have also distinguished the decision of the Apex Court in G.M.Tank v. State of Gujarat[1] and allowed similar writ petitions filed by the State. As the subject matter of this writ petition is squarely covered by the aforesaid judgment of this Court in W.P.No.8000 of 2009 and batch, dated 17.11.2009, the writ petition is accordingly allowed and the impugned order of the Tribunal is set aside. Accordingly, the O.A. stands dismissed. No order as to costs. ________________ V.ESWARAIAH, J. _________________________ VILAS V. AFZULPURKAR, J. 19.1.2010 kpr [1] (2006) 5 SCC 446