Case: The Govt. of A.P. and Ors Vs. P. Chandra Mouli and Anr

On 17.1.2005 the then Commissioner of Police, Hydrabad, respondent No.2 herein had relieved the respondent No.1 from the post of Assistant Commissioner of Police, Banjara Hills, Hyderabad and directed him to report in the office of DGPOn 26.1.2005 Respondent No. 1 filed O.A. bearing No. 413 of 2005 before the A.P. Administrative Tribunal, Hyderabad (in short the `Tribunal) in which the Director General of Police, Commissioner of Police and Dy. Commissioner of Police, Hyderabad were pleaded as respondents. The present respondent No.2 was not impleadedOn 1.2.2005 the Director General Police placed the respondent No.1 under suspension pending departmental proceedings under Rule 8 (1)(a) of the A.P. Civil Services (Classification, Control and Appeal) Rules 1991 (in short the `Rules) basing on the report of Dy. Commissioner of Police, West Zone, dated 24.1.2005 which was forwarded to the Director General of Police by the then Commissioner of PoliceOn 03.02.1005 the Tribunal issued notice in the above O.A. No.413 of 2005, filed by the Respondent no.1 hereinOn 10.2.2005 the Respondent No.1 had also filed a separate O.A. No.5892005 before the Tribunal to which the State of Andhra Pradesh, the respondent No.2 by name was impleaded as respondents besides the Director General of Police, Commissioner of Police and Dy. Commissioner of Police, West Zone were also impleaded as respondentsOn 24.02.2005 Tribunal disposed of O.A. No. 589 of 2005 filed by the Respondent No.1 directing him to avail the alternative remedy of appeal against the order dated 1.2.2005 passed by the Director General of Police under Rule 33 of the Rules, before invoking the jurisdiction of the Tribunal under Section 14 of the Administrative Tribunals Act (in short the `Act) as it is mandatory under Section 20 thereofOn 02.03.2005 the Respondent No.1 herein had filed a writ of Mandamus in W.P. No. 4247 of 2005 in the High Court of Andhra Pradesh against the order dated 24.2.2005 in O.A. No. 589 of 2005 in which notice was issued only to the Director General of PoliceOn 7.3.2005 in reply to the said show cause notice, the Director General of Police filed a detailed counter affidavit on 7.3.2005On 24.3.2005 High Court by its impugned judgment and order has allowed the Writ Petition No. 4247 of 2005 filed by the Ist respondent for a Writ of Mandamus by going into the merits of the case and setting aside the order of suspension dated 1.2.2005 passed by the Director General of Police and imposed Rs.10,000/- as costs on the Director General of Police and Commissioner of Police holding that it was malafide. According to appellants the order was passed without even issuing notice and providing an opportunity of hearing to other respondents i.e. Commissioner of Police and Dy. Commissioner of Police, West Zone, Hyderabad

Reasoning: 8. The High Court ought to have noticed that this was not a case where alternative remedy could be avoided. It was necessary, as rightly observed by the Tribunal in the first occasion, for respondent No.1 to avail alternative remedy. Further the High Court has considered the plea of malafides in writ petition. The Tribunal had not considered the case on merit. It had only directed the respondent No.1 to avail Statutory remedy. That being so it was certainly not open to the High Court to go into a detail examination of the alleged malafide13. It is trite that the power of punishment to an employee is within the discretion of the employer and ordinarily the courts do not interfere, unless it is found that either the enquiry, proceedings or punishment is vitiated because ofe of the relevant rules and regulations or principles of natural justice or denial of reasonable opportunity to defend, etc. or that the punishment is totally disproportionate to the proved misconduct of an employee. All these principles have been highlighted in Indian Oil Corpn. Ltd. v. Ashok Kumar Arora(1997(3) SCC 72) and Lalit Popli v. Canara Bank (2003(3) SCC 583)14. It is not a case where the High Court should have entertained the writ petition when the Tribunal had disposed of the OA only on the ground of availability of alternative remedy. The impugned order is set aside. We make it clear that we have not expressed any opinion on the merits of the case.