Telangana High Court
WP/11012/2013 of The Government of Andhra Pradesh Vs E.Moses, on 30 December 2013
R. SUBHASH REDDY AND HON’BLE SRI JUSTICE A . SHANKAR NARAYANA Writ Petition No.11012 of 2013 Date: December 30, 2013 Between: The Govt. of A.P., and others … Petitioners And E. Moses … Respondent Order: (Per Justice R. Subhash Reddy) This Writ Petition is filed by the
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HON’BLE SRI JUSTICE R. SUBHASH REDDYAND
HON’BLE SRI JUSTICE A. SHANKAR NARAYANA
Writ Petition No.11012 of 2013
Between:
Date: December 30, 2013
The Govt. of A.P., and others
… Petitioners
And
E. Moses
… Respondent
Order:(Per Justice R. Subhash Reddy)
This Writ Petition is filed by the respondents inO.A.No.5530 of 2012 before the A.P. AdministrativeTribunal, Hyderabad (for short “the Tribunal”) aggrieved by the order dated13.12.2012.
Learned counsel for the respondent addressedletter dated 17.12.2013 to the Registry to get the matterlisted for disposal stating that the subject-matter of the WritPetition is covered in view of the order dated 24.09.2013passed in W.P.No.6475 of 2011.
The respondent herein, who was the applicantbefore the Tribunal in the aforesaid O.A., was dismissedfrom service, as a measure of punishment in disciplinary proceedings, in view of his involvement in Cr.No.9 of 1995on the file of P.S., Morthad, registered for the offencepunishable under Section 420 read with 34 IPC. He wastried by the competent Court – JFCM, Armoor videC.C.No.77 of 1995 and acquitted vide judgment dated29.01.2000. In the aforesaid crime, respondent figured asA.3. With regard to the same crime, another constable byname Yellaiah was also dismissed from service. Hefigured as A.4 in the said crime. The charges framedagainst the respondent herein and the said Yellaiah areidentical. When dismissal order was passed andconfirmed by the appellate authority, the respondent filedthe O.A., before the Tribunal.
Insofar as A.4 in the aforesaid crime, i.e. Yellaiah, isconcerned, the State has filed W.P.No.6475 of 2011,questioning the order passed in O.A.No.7336 of 2008. Against the respondent-applicant, who figured as A.3 inthe said crime, the present Writ Petition is filed. A DivisionBench of this Court, by order dated 24.09.2013 passed inthe aforesaid Writ Petition, confirmed the order of theTribunal passed in O.A.No.7336 of 2008. Along with theletter addressed by the learned counsel for therespondent-applicant, which is placed on record, a copyof the order dated 24.09.2013 passed in W.P.No.6475 of2011 is enclosed.
Upon perusal of the order dated 24.09.2013 passedin W.P.No.6475 of 2011, we are of the view that the subject-matter of this Writ Petition is covered in view of thesaid order.
In that view of the matter and in view of the reasonsrecorded in the order dated 24.09.2013 passed inW.P.No.6475 of 2011, this Writ Petition is dismissed. As asequel, miscellaneous petitions if any pending in this WritPetition stand closed. No order as to costs.
_____________________
R.SUBHASH REDDY, J
December 30, 2013MRR
__________________________
A.SHANKAR NARAYANA, J