IMPORTANT POINT
Where availing alternative remedy is necessary, writ petition will not be maintainable.
When the Tribunal dismissed OA on ground of alternative remedy and did not go into merits of the case and the alleged mala fide, it was not open to the High Court to into detail in the allegations of mala fides.

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.1 under suspension pending departmental proceedings under Rule 8 (1)(a) of the A.P. Civil Services (Classification, Control and Appeal) Rules 1991 (in short the `Rules) basing on the report of Dy. Commissioner of Police, West Zone, dated 24.1.2005 which was forwarded to the Director General of Police by the then Commissioner of Police.

On 03.02.1005 the Tribunal issued notice in the above O.A. No.413 of 2005, filed by the Respondent no.1 herein.

On 10.2.2005 the Respondent No.1 had also filed a separate O.A. No.589/ 2005 before the Tribunal to which the State of Andhra Pradesh, the respondent No.2 by name was impleaded as respondents besides the Director General of Police, Commissioner of Police and Dy. Commissioner of Police, West Zone were also impleaded as respondents.

On 24.02.2005 Tribunal disposed of O.A. No. 589 of 2005 filed by the Respondent No.1 directing him to avail the alternative remedy of appeal against the order dated 1.2.2005 passed by the Director General of Police under Rule 33 of the Rules, before invoking the jurisdiction of the Tribunal under Section 14 of the Administrative Tribunals Act (in short the `Act) as it is mandatory under Section 20 thereof.

On 02.03.2005 the Respondent No.1 herein had filed a writ of Mandamus in W.P. No. 4247 of 2005 in the High Court of Andhra Pradesh against the order dated 24.2.2005 in O.A. No. 589 of 2005 in which notice was issued only to the Director General of Police.

On 7.3.2005 in reply to the said show cause notice, the Director General of Police filed a detailed counter affidavit on 7.3.2005.

On 24.3.2005 High Court by its impugned judgment and order has allowed the Writ Petition No. 4247 of 2005 filed by the Ist respondent for a Writ of Mandamus by going into the merits of the case and setting aside the order of suspension dated 1.2.2005 passed by the Director General of Police and imposed Rs.10,000/- as costs on the Director General of Police and Commissioner of Police holding that it was malafide. According to appellants the order was passed without even issuing notice and providing an opportunity of hearing to other respondents i.e. Commissioner of Police and Dy. Commissioner of Police, West Zone, Hyderabad.

1.4. According to learned counsel for the appellant-State the order passed by the High Court is clearly unsustainable. The suspension order was in order and without any foundation, malafide has been concluded.

2.5. Learned counsel for the respondent No.1 supported the judgment of the High Court.

3.6. It is to be noted that no notice was issued to the DGP to have any say in the matter. Only the Commissioner of Police was made respondent and the DGP was also not impleaded by name but by official designation. The writ petition was allowed on the ground that the order of suspension