THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT APPEAL No.98 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of an order dated
05.10.2020
passed in W.P.No.16649 of 2020 by the learned Single Judge dismissing the writ petition.
The facts of the case reveal that the appellant/ petitioner before this Court, who was serving on the post of constable, was unauthorisedly absent from duties for a period of 401 days, i.e., from 08.05.2004 to 12.06.2005. Disciplinary proceedings were initiated against him keeping in view the statutory provisions as contained in the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991. Based upon the enquiry report, an order of punishment of removal was passed on 27.12.2006 and the appellant/petitioner preferred an appeal against the order of removal, which was rejected on 12.04.2007. Thereafter, the appellant/petitioner preferred a Revision Petition before the Inspector General of Police, Hyderabad Region, Hyderabad/Revisional Authority and the Revisional 2 Authority passed order dated 14.08.2007, taking a lenient view in the matter, modifying the punishment to that of 'compulsory retirement' in the place of 'removal from service'. The appellant/petitioner being aggrieved by the said order, dated 14.08.2007, has approached the Andhra Pradesh Administrative Tribunal, Hyderabad, by filing Original Application, i.e., O.A.No.5850 of 2009 and the same was dismissed by the Tribunal vide order dated 22.04.2011. The appellant, thereafter, preferred a Review Petition on 27.12.2011 before the State Government and the same was rejected on 31.08.2012. The appellant/petitioner, in spite of the fact that the Revision Petition, the Review Petition and also the Original Application are dismissed, kept on submitting representations and finally approached this Court in the year 2020 by filing a writ petition, i.e., W.P.No.16649 of 2020. The learned Single Judge has dismissed the writ petition holding that a second review is not maintainable before the State Government.
This Court has carefully gone through the order passed in O.A.No.5850 of 2009, dated 22.04.2011 and also the order passed in W.P.No.16649 of 2020, dated 05.10.2020. 3
The appellant/petitioner has not been able to point out violation of any statutory provision of law in the matter of disciplinary proceedings nor violation of principles of natural justice and fair play and therefore, the order of the Tribunal does not warrant any interference. The appellant/petitioner after dismissal of O.A.No.5850 of 2009, dated 22.04.2011, has preferred a Review Petition on 27.12.2011 and the same was dismissed by the State Government in the year 2012 itself. A second review is certainly not at all maintainable and the appellant/petitioner, after dismissal of O.A.No.5850 of 2009 by the Tribunal, on 22.04.2011, has slept over the matter and in the year 2020 has again preferred a writ petition before this Court. Learned Single Judge was also justified in dismissing the writ petition on merits.
In the considered opinion of this Court, the writ petition was certainly devoid of any merits and it was a hopelessly barred writ petition as the order passed by the Tribunal dated 22.04.2011 was challenged in the year 2020 before this Court. This Court also does not find any reason to interfere with the order passed by the Tribunal as well as by the learned Single Judge.
4
Resultantly, the writ appeal is accordingly dismissed. Miscellaneous applications, pending if any, shall stand dismissed.
__________________________________ SATISH CHANDRA SHARMA, CJ ________________________ B.VIJAYSEN REDDY, J 23.02.2022 pln