IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 7301 of 2009 Between: Mr. M. Rajinikanth Reddy, S/o M.R.Sekhar Reddy, Kavali Circle, Sri P.S.R. Nellore District. ..... PETITIONER AND 1 The Government of A.P., Rep by its Principal Secretary, Department of Home, Secretariat Buildings, Secretariat, Hyderabad. 2 The Deputy Inspector General of Police, Guntur Range, Guntur. 3 The Director General of Police, Andhra Pradesh, Hyderabad. 4 The Superintendent of Police, Sri P.S.R. Nellore District, Nellore. .....RESPONDENTS 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 writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the set aside the order dated 05-3-2009 in OA N. 4074 of 2009 on the file of Andhra Pradesh Administrative Tribunal at Hyderabad and consequently allow the OA No. 4074 of 2009 by declaring the action of the respondents in proposal for shifting from existing working place/post in not allotting the election duty to the petitioner pursuant to the Memo No. 4377/Elecs.B/A2/2008-1 dated 19-12-2008 issued by the Government of Andhra Pradesh for conducting the general elections for Lok Sabha and Legislative Assembly of State of Andhra Pradesh, is illegal, arbitrary and violative of Articles 14 and 16 of the constitution of India apart from being violative of principles of natural justice and pass such other orders. Counsel for the Petitioner:MR.VENKATA RANGADAS KANURI Counsel for the Respondents: GP FOR SERVICES I The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 7301 of 2009 ORDER: (per Hon’ble Sri Justice B. Seshasayana Reddy) This writ petition has been directed against the order dated 5.3.2009 passed in O.A. No. 4074 of 2009 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad, whereby and whereunder, the learned Tribunal dismissed the O.A. filed by the petitioner under Section 19 of the A.P. Administrative Tribunals Act, 1999. The petitioner approached the Tribunal assailing the action of the respondents in not entrusting the election duty on the ground of pendency of the Criminal Case vide S.C. No. 70 of 2005 against him. Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Services-I appearing on behalf of the respondents. Learned counsel appearing for the petitioner submits that the petitioner was put on trial in S.C. No.18 of 2005 for the offences under the provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Sessions Court on full fledged trial, recorded acquittal by judgment dated 16.2.2006 and therefore, the proceedings pending in S.C. No. 70 of 2005, which arise out of the self-same incident, cannot be taken into cognizance. The same contention was advanced before the Tribunal and the Tribunal proceeded to make an observation that it is for the competent Court to give a finding whether the prosecution of the petitioner in S.C. No. 70 of 2005, would amount to double jeopardy. It is a matter of record that the criminal case against the petitioner is pending as S.C. No.70 of 2005. Since the criminal case is pending against the petitioner, the respondents are justified in not entrusting election duty as per the Election Guidelines. We do not see flaw in the order passed by the Tribunal. The writ petition is accordingly dismissed at the admission stage. No costs. ________________________ GHULAM MOHAMMED,J DATE: 8th April, 2009 _________________________ B. SESHASAYANA REDDY,J pnb