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Andhra Pradesh High Court
Judges : G.BIKSHAPATHY, GOPALA KRISHNAN NAIR, P.S.NARAYANA
P.CHANDRA MOULI - Appellant
Versus
Government Of A.P., DEPT.OF HOME - Respondent
Decided On : 03-24-05
Held : The provision does not bar the ultimate jurisdiction of the Administrative Tribunal but it only requires the party to exhaust the other remedies available The aim of introducing this provision is to provide for an additional forum and certain opportunities to the redressal of grievances and to prevent short-circuiting of normal Departmental procedures specified under the service rules
It is needless to say that in service matters the Tribunal is competent even to go into the validity of the provisions and the rules Exercise of jurisdiction in this regard is just akin to Constitutional Courts exercising powers under Article 226 of the constitution of India though this power of judicial review under Article 226 of the constitution of India had been well retained on the ground that it is basic structure of the constitution of India by virtue of the ratio laid down in Chandra Kumar v Union of India In the light of the peculiar facts and circumstances, especially when several details had been narrated under what circumstances the order which had been impugned in the O A had been made, the judicial discretion on the part of the Tribunal would require examining the matter on merits instead of driving the writ petitioner to avail the statutory appeal provided under rule 33 of the Rule Hence, the bald proposition that under no circumstances whatever may be the reason explained, the o A cannot be entertained unless other remedies available under the service rules had been completely exhausted, may not be an acceptable proposition
( 1 ) WHEN the matter came up for admission and hearing at the request of the Counsel on record, the matter is taken up for final hearing where the Counsel made elaborate submissions and in view of the same, the writ Petition is being disposed of finally at the stage of admission.
( 2 ) SRI P. Chandramouli, Assistant commissioner of Police (now under suspension), filed the present Writ Petition questioning the order made in O. A. No. 589/ 05 dated 24-2-2005 on the file of A. P. Administrative Tribunal, in short referred to as tribunal" for the purpose of convenience. The order impugned in the Writ Petition is as hereunder"in this O. A. the applicant is challenging the suspension order. As per Rule 33 of APCS (CCA) Rules, the applicant has a right of appeal. Therefore, this OA is disposed of, with a direction to the applicant to prefer an appeal before the appellate authority within two weeks from to-day and on such appeal being filed, the respondents shall dispose of the same within six weeks thereafter. "in the aforesaid O. A. the writ petitioner/applicant questioned the proceedings c. No. 36/02/2004 dated 1-2-2005 made by the 2nd respondent suspending the petitioner from service and the same reads as specified infra proceedings OF THE DIRECTOR general AND INSPECTOR GENERAL of POLICE, ANDHRA PRADESH, hyderabad present SRI SWARANJIT SEN, IPS c. No. 36/2/2005 Dated 1-2-2005 sub Police Services - Police Dept.- sri P. Chandra Mouli, formerly ACP banjara Hills, Hyderabad - suspension from service - Orders issued. ORDER whereas it has come to the notice of the undersigned alleging that sri P. Chandra Mouli, formerly ACP banjara Hills, Hyderabad has exhibited grave misconduct, incorrigible, indifferent, indisciplined and irresponsible towards his legitimate duties and also he committed serious lapses in the matters relating to (1) Cr. No. 168/2004 U/s. 307 IPC, 25 (1), 27 Arms Act of Jubilee Hills police Station; (2) Case Cr. No. 704/04 u/ss. 406, 420 IPC of Bajara Hills police Station; (3) Case in cr. No. 42/2005 U/ss. 427, 447 IPC of banjara Hills P. S. and (4) Cr. No. 17/2005 U/ss. 147, 148, 427, 323 IPC of Jubilee Hills Police Station and his conduct in matters relating to civil disputes, property disputes or handling of certain issues had been questionable on more than one occasion. He has also failed to supervise several important Criminal cases in his Sub-Division. And whereas it is considered that his continuance in post will prejudice the disciplinary proceedings. And whereas the undersigned after careful consideration of the available material and having due regard to the circumstances of the case, is satisfied that it is necessary to place sri P. Chandra Mouli, formerly, ACP banjara Hills, Hyderabad under suspension in the public interest. Now, therefore, in exercise of the powers conferred by under clause (a) of sub-rule (1) of Rule 8 of A. P. Civil services (CCanda) Rules, 1991 the undersigned hereby places the said sri P. Chandra Mouli, formerly ACP banjara Hills, Hyderabad, under suspension from the date of communication of his order and he shall continue to be under suspension in public interest until the conclusion of the disciplinary proceedings. It is further ordered that during the period of this order remains in force, the headquarters of Sri P. Chandra mouli, formerly ACP Banjara Hills, hyderabad shall be at Hyderabad and the said Sri P. Chandra Mouli, formerly acp Banjara Hills, Hyderabad, shall not leave the headquarters without obtaining the previous permission of the undersigned. It is further ordered that during the period of suspension Sri P. Chandra mouli, formerly ACP Banjara Hills, hyderabad shall be paid subsistence allowance equivalent to the leave salary on half pay leave. The D. A. and other compensatory allowances shall be paid along with subsistence allowance. The quantum of subsistence allowance will be reviewed and revised in terms of F. R. 53 (1) and after 3 months. Pending
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