Order

1.We have learned counsel for the parties.

2.This appeal by special leave is directed against the order daed 9.3.2005 passed by the Division Bench of the Andhra Pradesh High Court in Writ Petition No. 19690 of 2004 whereby the Division Bench has affirmed the order passed by the Administrative Tribunal whereby the Administrative Tribunal remitted the matter back to the disciplinary authority for consideration of the punishment imposed in the matter. Hence the present appeal filed by the State of A.P.

3.It is not necessary to go into the detailed facts. Suffice it to say that the incumbent was a Police Constable at Alwal (Halia) P.S. and he was detailed for election duty at Chuddaph Election Bandobusth duty along with order PS men with instructions to report before SDPO Miryalguda, but he did not report for duty on 2nd September, 1999 along with other PS men before SDPO Miryalguda and absented himself unauthorisdely without leave or permission with effect from 2nd September, 1999. Therefore, he was charged for the offence of desertion. The C.I. of Police, Miryalguda was appointed as Inquiry Officer to conduct the inquiry. The respondent did not file any written representation of d