Andhra Pradesh High Court
WP/23568/2005 of The Superintendent of Police, Vs D. Yedukondalu on 31 December 2024
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3509] TUESDAY , THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 23568/2005 Between: The
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3509]
TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJANWRIT PETITION NO: 23568/2005
Between:
The Superintendent Of Police, and Others ...PETITIONER(S)
AND
...RESPONDENT(S)
D Yedukondalu and Others
Counsel for the Petitioner(S):
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1. THE ADVOCATE GENERAL
Counsel for the Respondent(S):
1. K LAKSHMI NARASIMHA
The Court made the following:
ORDER: (per Hon’ble Sri Justice Ravi Nath Tilhari)
Heard Sri M.Delhi Babu, learned Government Pleader attached to office of the learned Advocate General, appearing for the petitioners. No representation for the respondents.
2. The respondents herein were the applicants and the present petitioners were the respondents, before the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No.3768 of 2005.
3. The O.A. was filed challenging the punishment imposed on the present respondents in disciplinary proceedings. It appears from the impugned order dated 19.10.2005 that when the matter came up on 26.09.2005, the counter was not filed, within the stipulated time. Consequently, the Tribunal issued summons for the appearance of the present petitioners, along with the record fixing the date on 19.10.2005. On 17.10.2005, the petitioners filed the counter. The 1[st] petitioner also filed M.A.No.2997 of 2005 seeking to dispense with his personal appearance (the 1[st]respondent in O.A.) stating the reasons in para-8 specifically. The Tribunal, finding the reason to be vague, dismissed the petition to dispense with the personal appearance. The Tribunal also directed to issue non-bailable warrant to the 1[st] petitioner herein. Challenging the said order, the present writ petition was filed.
4. In the writ petition, there is stay on the order of the Tribunal.
5. Having gone through the impugned order and also considering the submissions advanced, we are of the view, firstly that the reason assigned for the non-appearance was specific. The Tribunal has wrongly recorded that the reason was vague. The application seeking exemption was filed on 17.10.2005 i.e. before the date fixed, which was 19.10.2005 and the counter had already been filed on that date. Consequently, we are of the view that the Tribunal ought to have dispensed with the appearance of the 1[st] respondent before it, on the date fixed. Not only that, the Tribunal also issued Non-bailable warrant to the said 1[st]respondent. The non-bailable warrant ought not to have been issued in the routine way. It is not clear from the record whether the record was produced on 19.10.2005 or not, but even if the record was not so produced on the date fixed, in view of the counter-affidavit already filed, the Tribunal ought to have considered the contents of the counter-affidavit and if after going through the counter, still the record was considered necessary, the Tribunal ought to have fixed a date for production of record. In the presence of the counter, it ought not to have passed the order for issuance of the non-bailable warrant.
6. For the reasons aforesaid, the impugned order is set aside.
7. The Writ Petition is allowed. No order as to costs.
8. As a sequel thereto, interlocutory applications, if any pending, shall also stand closed.
_____________________
RAVI NATH TILHARI, J
Date: 31.12.2024
Pab
_______________________
CHALLA GUNARANJAN, J
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
WRIT PETITION NO:23568/2005
Date:- 31.12.2024
Pab