WRIT PETITION 6815 of 2005 on 4 December 2001

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE EIGHTEENTH DAY OF AUGUSTTWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILIAND

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

LA.NO.2 0F 2022INWRIT PETITION NO: 6815 OF 2005

Between:

V. Kamaleswar Rao, S/o- Venkateswarlu, aged 70 years, Occ: Retd. DevelopmentOfficer, O/o. Asst. Director Handlooms and Textiles, Warangal, Warangal District.

.....PETITIONER

AND

1The Secretary to Government of Andhra Pradesh, lndustries and CommerceTax Department, Secretariat. Hyderabad-Tax Department, Secretariat. Hyderabad-2The Commissioner, Handloom Textiles & Development, C9ommissioner forApperel Export parks A.P. Hyderabad, SRKR Buildings, 4 and 5th Floor, CBlock, Lower Tankbund, Hyderabad.Apperel Export parks A.P. Hyderabad, SRKR Buildings, 4 and 5th Floor, CBlock, Lower Tankbund, Hyderabad.

2

.....RESPONDENTS

Petition under Section 1 51 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to set aside the order dated 18-07-2022 in WP.No.6815 of 2005 andrestore the writ petition.

This petition coming on for hearing, upon perusing the petition and groundsfiled in support thereof and upon hearing the arguments of Smt.A.V.S.LakshmiMadiraju Srinivasa Rao, Counsel for the Petitioner and G.P For Services - [|]appeared for Respondents. the Court made the following ORDER:

This application is filed seeking to set aside the order, dated 1a.O7.2022,passed by this Court in W.P.No.6815 of 2005, whereby, the Writ Petition wasdismissed as infructuous, and to restore the Writ Petition to [its ][file.]

Learned <oLrnsel for the [petitioner ]had cortendeC that consequent uponthe conviction r,)corded against the petitioner in [,t ]criminal [(ase, ]the [petitioner]was dismissed from service by order, datcd 04.12.2001 tlut, subsequently, thesaid conviction \vas set aside by this Court in Cr'.R.C.tlo.1419 of 2001, dated21.03.2003. In view of acquittal of the petitioner b1, [f1i5 Cc,urt, the petitionerhas approached the Andhra Pradesh Administrative Triburral, H [yderabad, ]by filingO.A.No.746 of 2)04 challenging the dismissal or(Jer, d.rtrld 04.12.2001. TheTribunal. vide order, dated 16.04.2004, was [pleased ]to aliow the said O.A. bysetting aside the dismissal order, dated 04.12.ZOt)L, [ar ]d dir ected respondentNo.2 to reinstate the petitioner into servace. How(-.ver, :he petitioner was notgranted back-wages. Pursuant to the same, the Fetitior)er wls reinstated intoservice. However aggrieved by the said order, datt'd 16.t)4.2004, to the extentof denying back-w lges, the [petitioner ]filed the [presertt ]Writ Petition.

Learned cotrnsel for the [petitioner ]further [(ontenled ]that the learnedcounsel, who was [-epresenting ]the [petitioner ]earlier, has crronr-:ously submiftedthat the subject m,rtter of the Writ Petition has becorre inf [-uctu ]rus, but, in fact,the cause in the W-it Petition survives, as the [pctitiorer ]was denied back-wagesin spite of the f,lct that he was given clean acquittrl by this Court inCrl.R.C.No.1419 of 2001, dated 21.03.2003. Learnec coun;el further contendedthat the suspensior period was treated as 'spent or duty' and in spite of thesame, the responde 1ts are not paying salary to the [petition{-'r ]for the suspensionperiod. Learned (ounsel further contended that lberty be qranted to thepetitioner to challen;e the denial of consequential benefits, in view of the cleanacquittal of petitione' in the criminal case.

In view of the same, the [petitioner ]is at liberty to ch;rllenge the action ofthe respondents to the extent of denying the consequential tenefits beforeappropriate Court, in view of his clean acquittal in the cr imrna case.

With the above observations, this application is or dered.

To

SD/.E}. SARASWATHIl\SSIS'rAlf REGISTRAR,TRUE COPY'._TJSEI]TIfN OFFICER

1. The Secretary to Government of Andhra Pradesh, lnrlustries and Commerce(Tax) Departmert, Secretariat. Hyderabad.(Tax) Departmert, Secretariat. Hyderabad.

2.The Commissioner, Handloom Textiles & Development -, Cgommissioner forApperel Export parks A.P. Hyderabad, SRKR Buildings, 4 and Sth Floor, CBlock, Lower Tankbund, Hyderabad.Apperel Export parks A.P. Hyderabad, SRKR Buildings, 4 and Sth Floor, CBlock, Lower Tankbund, Hyderabad.3.Two CCs to GP For Services -1, High Court for the State of Telangana atHyderabad. [OUT]Hyderabad. [OUT]4.One CC to Sri.Srinivasa Rao Madiralu, Advocate [OPUC]5.Two CD Copies5.Two CD CopiesSACJPk\'tkCJPk\'tk HIGH COUR..

DATED:18101112023