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2009 Supreme(SC) 750

ARIJIT PASAYAT, ASOK KUMAR GANGULY
The Govt. of A. P. – Appellant
Versus
P. Chandra Mouli – Respondent


Advocates Appeared: For the Appellants:R. Sundaravardhan, Sr. Advocate, Mrs. D. Bharathi Reddy, Advocate. For the Respondents:D. Rama Krishna Reddy, Ms. T. Anamika, D. Mahesh Babu, Advocates.

Judgment :

Dr. ARIJIT PASAYAT, J.

1.1. Leave granted.

2.2. Challenge in this appeal is by the State of Andhra Pradesh questioning the judgment passed a Division Bench of the Andhra Pradesh High Court allowing the writ petition filed by the respondent No.1. The proceedings initiated by the Director General of Police (in short the `DGP)placing respondent No. 1 under suspension pending conclusion of disciplinary proceedings were quashed. Cost of Rs.10,000/-was imposed to be paid by the DGP and the Commissioner of Police.

3.3. Background facts in a nutshell are as follows:

On 17.1.2005 the then Commissioner of Police, Hydrabad, respondent No.2 herein had relieved the respondent No.1 from the post of Assistant Commissioner of Police, Banjara Hills, Hyderabad and directed him to report in the office of DGP.

On 26.1.2005 Respondent No. 1 filed O.A. bearing No. 413 of 2005 before the A.P. Administrative Tribunal, Hyderabad (in short the `Tribunal) in which the Director General of Police, Commissioner of Police and Dy. Commissioner of Police, Hyderabad were pleaded as respondents. The present respondent No.2 was not impleaded.

On 1.2.2005 the Director General Police placed the respondent No





















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