R.P. Dube vs Government of A.P., Home Department and Others

Ramesh Madhav Bapat, J.—This petition is filed by the petitioner invoking the jurisdiction under Article 226 of the Constitution of India with a prayer to issue a Writ of Certiorari or any other appropriate Writ, order or direction calling for the records relating to the orders passed by the fourth respondent in O.A.No. 6837 of 1999 dated 19-11-1999 and quash the same.

The writ affidavit filed by the petitioner herein shows that the petitioner was appointed as Sub Inspector of Police in the year 1972 and on consequential promotion now the petitioner is acting as a Deputy Superintendent of Police. He was transferred and posted as Deputy Superintendent of Police, Civil Supplies Department in one of the existing vacancies vide G.O.Rt.No. 226 Home (Police-E) Department dated 1-2-1999. It is further stated by the petitioner that the issue of the orders by the Government is based on the recommendation made by the Director General and Inspector General of Police. The petitioner reported to duty on 3-2-1999 before the Commissioner of Civil Supplies & Consumer Affairs, Andhra Pradesh. After reporting to duty, the petitioner was directed to report before the Additional Superintendent of Police, Vigilance Cell, Nizamabad, immediately, for anti-smuggling duties until further orders by a Radio message dated 6-3-1999 in No. A/1675/99 issued by the third respondent herein. It is the further case of the petitioner in pursuance of the Memo Rc.No. 16692/A-1/99, dated 7-7-1999, the petitioner was informed to report to the Director General and Inspector General of Police, Andhra Pradesh, Hyderabad. In the said memo, there is a reference of the Commissioner of Civil Supplies Ref.No.Admn. I (4)658/99, dated 17-6-1999. However, a copy of the said reference was not furnished to the petitioner, which refers to considering the suitability of certain Officers in the Police Department of Vigilance Cell, Civil Supplies Department. It is further submitted by the petitioner that it is not within the competence of the second respondent or the third respondent to consider the suitability of Officers, who have been posted by the Government. It is further case of the petitioner that Director General and Inspector General of Police is the over all authority of the Police Department and he has submitted a report on 1-2-1999 which is the basis to the Government Order issued by the Government by which the petitioner was posted to the Civil Supplies Department. Now, the petitioner makes a grievance that the petitioner was tried to be repatriated and the petitioner was not given posting orders and no salary was given to him and therefore he filed O.A.No. 5032 of 1999 before the Andhra Pradesh Administrative Tribunal, Hyderabad with a prayer to set aside the impugned memo issued by the third respondent in Rc.No. 16692/A-1/99 dated 7-7-1999 as illegal and without any jurisdiction. The O.A. was filed by the petitioner on 13-8-1999 and it was indefinitely posted with out passing orders by the third (sic. fourth) respondent herein either with regard to the admission or with regard to the interim prayer. The petitioner filed C.R.P.No. 3652 of 1999 wherein tine prayer is that pending admission of O.A. by the 4th respondent, this Court may be pleased to issue an interim direction to the second and third respondents herein to give the petitioner posting orders in one of the existing vacancies in implementation of the orders issued by the Government in G.O.Rt.No. 227, Home (Police-E) Department dated 1-2-1999 and also pay the salary. This Court had passed the order on 14-9-1999. The said order was a comprehensive order. The copy of the said order was furnished to the petitioner on 15-9-1999 and on 16-9-1999 the petitioner reported to the first and second respondents requesting them to issue posting orders. But the fourth respondent passed the impugned order on 15-9-1999.

It further appears on record that similarly placed Officers had filed three different writ petitions, which came up for hearing before another Division bench in which this Court had passed the following directions:

"Having heard Mr. K.V. Satyanarayana, the learned Counsel for the petitioners and Mr. D. Prakash Reddy, the learned Additional Advocate General, we suspend the orders dated 15-9-1999 passed by the A.P. Administrative Tribunal in O.A.Nos. 5031, 5032 and 5063 of 1999 and direct respondents 1 and 2 herein to give effect to the Governmental orders posting the petitioners as Deputy Superintendents of Police, Vigilance Cell, Civil Supplies Department by 20-10-1999. Wemakeitclear that these orders will be in force so long as the Government Orders are in force and the Government is not precluded from reconsidering its orders of deputation. We also direct the Government to pay the salaries due to the petitioners as on this day by 20-10-1999".

Now, the grievance is made by the petitioner herein that in pursuance of this order, the Government passed G.O.Rt.No. 2922 Home (Police-E) Department dated 12-11-1999 and the petitioner was tried to be repatriated to the parent department and therefore the petitioner was required to file O.A. No. 6837/99 before the Andhra Pradesh Administrative Tribunal, which is now pending, and no interim relief was given to the petitioner; notice was ordered and it was made returnable within three weeks.

We heard the learned Counsel for the petitioner and also the Government Pleader for the respondents herein. The Government Pleader for the respondents submitted that the Government is competent to withdraw any Officer, who is sent on deputation, and exercising the above power the G.O.Rt.No. 2922 Home (Police-E) Department, dated 12-11-1999 came to be passed and therefore the said order cannot be questioned by the petitioner herein. The learned Counsel for the petitioner submitted that the petitioner was not allowed to work in the Civil Supplies Department even for one week i.e., from 3-2-1999 and therefore the petitioner has attributed mala fide on the part of the respondents.

Considering the above contentions and counter contentions made by the parties and also considering the O.A. 6837 of 1999, which is pending before the Andhra Pradesh Administrative Tribunal, we suspend the G.O.Rt.No. 2922 Home (Police-E) Department dated 12-11-1999 for a period of three months and direct the Andhra Pradesh Administrative Tribunal to dispose of the O.A.No. 6837 of 1999 within the said period. The Government is directed to file their counter in the O.A.No. 6837 of 1999 forthwith. Salary of the petitioner be paid by the Government as directed by this Court in W.P.Nos. 19977 of 1999, 19978 of 1999 and 19979 of 1999 till the disposal of the O.A.

With these directions this Writ Petition is disposed of. No costs.