Divisional Forests Officer And Ors vs M. Ramalinga Reddy

2. Five vacancies of Foresters were notified on or about 22.11.1978 to the District Employment Exchange, Nellore. Pursuant thereto names were sponsored and 49 candidates registered upto 6.09.1969 were considered for pre-submission interview. However, a request was made to the District Employment Exchange, Nellore on 22.12.1978 to sponsor names of some more candidates for the above posts. 60 candidates registered upto 11.02.1970 were initially considered and after submission interview a list of 18 candidates was sent to the employer on 9.01.1979. In the said list, the name of the respondent was also included although he got himself registered with the Employment Exchange only in the year 1976 having registration No. 2412/76. However, against his name, the registration number was stated to be 6899/69. Allegedly, he got his name enlisted in the list of candidates in connivance with one Mr. Harnadha Reddy, the then Junior Assistant of District Employment Exchange, Nellore.

3. Respondent was selected having been placed in Sl. No. 3 in the merit list. Alleged fraud played by the respondent together with the aforementioned Junior Assistant, District Employment Exchange was brought to the notice of Appellant No. 1 on 24.04.1979. As a proposal was made thereby to delete his name from the list of candidates sponsored by the District Employment Exchange on 9.01.1979 for the post of Foresters, no offer of appointment was issued in his favour.

4. Respondent, thereafter, filed an original application before the Andhra Pradesh Administrative Tribunal. By an order dated 1.04.1981, a direction was made to conduct an enquiry on the said application. During pendency of the said original application itself, he filed a writ petition wherein an interim order was passed to consider his case for appointment. On or about 23.04.1982 pursuant to or in furthermore of the said interim order, an offer of appointment was issued to the respondent. The said writ petition, however, was dismissed by the High Court in terms of an order dated 24.12.1992 opining that it had no jurisdiction in that behalf. The District Employment Officer, Nellore sent a report to Appellant No. 1 holding the respondent guilty of misconduct. He thereafter filed an original application before the Andhra Pradesh Administrative Tribunal which was marked as O.A. No. 5409 of 1994 inter alia questioning the order passed by the District Employment Officer contained in letter dated 24.08.1993 as arbitrary and illegal and directing Appellant No. 1 to allow all service benefits to him as a Forester with effect from the date of his selection. Indisputably, during pendency of O.A. No. 5409 of 1994, a notice to show cause was issued as a why his name should not be removed from the post of Forester. The Tribunal, in terms of its order dated 5.05.1999, dismissed the said original application directing the respondent herein to submit his explanation to the said show cause notice. Aggrieved by and dissatisfied therewith, he filed a writ petition before the Andhra Pradesh High Court and by reason of the impugned judgment dated 25.4.2005, the said writ petition has been allowed directing:

19. In any event, the writ petition having been dismissed, the interim order also came to an end. It could have been directed to be continued. Respondent did not, thus, have any legal right to continue in service after dismissal of the writ petition by the High Court.

20. It is furthermore doubtful as to whether an original application could have been filed questioning the report of the District Employment Officer.

21. For the reasons aforementioned, the impugned judgment cannot be sustained which is set aside accordingly. Respondent may file his show cause within two weeks from date whereupon the appellants may take an appropriate decision in accordance with law. The Appeal is allowed. However, in facts and circumstances of the case, there shall be no order as to costs.