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2008 Supreme(SC) 206

A.K.MATHUR, ALTAMAS KABIR
Divl. Forest Officer, Kothagudem – Appellant
Versus
Madhusudhan Rao – Respondent


JUDGMENT

Altamas Kabir, J. —

1.Leave granted. Delay condoned.

2.This appeal at the instance of the Divisional Forest Officer, Kothagudem and other officers of the Ministry of Forests, Government of Andhra Pradesh is directed against the judgment and order dated 9.3.2005 passed by the Division Bench of the Andhra Pradesh High Court dismissing the Writ Petition No. 3817 of 2005 filed by the appellants herein.

3.The Writ Petition was filed challenging the order dated 23.11.2004 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A. No. 1157 of 2002 allowing the same and directing that the respondent herein be reinstated in service.

4.From the materials as disclosed, it appears that the respondent herein was appointed as a “Forester” on 7.4.1994 and was posted in Section Komararam from 7.4.1994 to 24.8.1996. According to the appellants, during the said period the appellant was advanced funds to carry out different works under the Andhra Pradesh Forestry Project. Despite having received such funds, he did not undertake the said work and disciplinary proceedings were initiated against him on the following charges:

“1.(a)Neglect of duty with mala fide intention by not deposi



























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