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1998 Supreme(SC) 465

D.P.WADHWA, SUJATA V.MANOHAR
State of A. P. – Appellant
Versus
N. Radhakishan – Respondent


Judgment

Wadhwa, J.-Against the judgment dated December 12, 1996 of the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A. No. 2239/96, filed by the respondent, the State of Andhra Pradesh has come up in appeal. By the impugned judgment the Tribunal allowed the petition of the respondent and directed that the respondent be promoted to the catego­ry of Director of Town and Country Planning, in the existing vacancy, ignoring the charge memos - (1) Memo No. 2732/FL/87/27/MA, dated July 31, 1995; (2) Memo No. 145/B2/93-19/MA, dated October 27, 1995; and (3) Memo No. 898/B.2/94/M.A. dated June 1, 1996, if the respondent is otherwise eligible. The Tribunal found that the Departmental Promotion Committee met on August 16, 1995 and prepared the panel for the panel year 1994-95, which was approved by the State Government in October, 1995. One of the persons included in the panel was promoted to the category of Director of Town and Country Planning by G.O.M. dated November 14, 1995. The Tribunal observed that the panel itself having been prepared on August 16, 1995 should lapse only on December 31, 1996 and not on December 31, 1995 as was contended by the State. The name of the respon

































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