Andhra Pradesh Court October 1996 Judgments
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The Depot Manager, Andhra Pradesh State Road Transport Corporation Vs. ...
Court: Andhra Pradesh
Decided on: Oct-18-1996
Reported in: 1996(4)ALT502; (1997)ILLJ1192AP
ORDERS.R. Nayak, J. 1. This writ petition filed by the Depot Manager, A.P.S.R.T.C., Medak is directed against the award dated December 31, 1987 passed in I.D. No. 244/86 on the file of the Additional Industrial Tribunal-Cum-Additional Labour Court, Hyderabad directing reinstatement of the first respondent Sri Mobd. Ismail into service with continuity of service and attendant benefit and with 50% backwages. 2. An important question of law of general importance whether an opinion expressed by a disciplinary authority in the course of preliminary enquiry that the delinquent employee is guilty of the alleged misconduct could act as a disqualifying bias arises for our consideration and decision in this case. 3. The first respondent was a driver in the services of the A.P.S.R.T.C. It was alleged that on May 19, 1984 the first respondent was driving the bus bearing registration No. AAZ 1614 on the route Rajpet - Medak and while returning from Rajpet, on account of rash and negligent driving, ...
M.V. Ravi Prasad Vs. Director, National Remote Sensing Agency and ors.
Court: Andhra Pradesh
Decided on: Oct-18-1996
Reported in: 1997(2)ALT263
ORDERS.V. Maruthi, J.1. This writ petition is filed for a declaration that the order of the 3rd respondent passed in DOD/Proj.482/95 dated 10-5-1995 terminating the contract dated 24-11-1994 as illegal, arbitrary and without jurisdiction.2. The petitioner is a Doctorate in Physical Oceanagraphy. The respondent organisation i.e., the National Remote Sensing Agency appointed the petitioner for a period of three years under D.O.D. Project i.e., Department of Ocean Development. After the expiry of the period of three years, by proceedings dated 22-11-1993 he was appointed on contract basis for one more year, and on 20-11-1994, the services of the petitioner were terminated. Therefore, he filed a Writ Petition No. 22497of 1994 and the same was admitted and is pending. Thereafter, the respondents again appointed the petitioner on a contract basis by its proceedings dated 20-11-1994. The subject matter of the contract was 'Processing NDAA/AVHRR (National Oceanic and Atmospheric Administration...
M. Subrahmanyam Reddy and ors. Vs. Executive Officer, Tirumala Tirupat ...
Court: Andhra Pradesh
Decided on: Oct-18-1996
Reported in: 1997(2)ALT800
ORDERG. Bikshapathy, J.1. The cluster of Writs is the cause of series of engagements and disengagements of the petitioners. In some Writ Petitions the orders passed by the respondent Devasthanam dt. 25-2-96 are assailed. In some others the Petitioners claim the benefit of Section 25H of the Industrial Disputes Act and yet in other cases they seek the benefit on par with other similarly situate persons.2. Facts in all these cases are segregated and sieved to cull out issues for determination. Therefore, individual facts in each Writ Petition are not narrated.3. The geneology of the factual matrix as can be discerned is that the Tirumala Tirupathi Devasthanams (for short T.T.D.) has been enlisting the services of volunteers, unit workers, scouts and guides, even pilgrims in various sections of the Devasthanam, such as 'Q' complexes, Canteen, Potu etc. These volunteers were engaged mostly during peak period as Brahmosthavam, summer holidays and other special occasions, or whenever the pil...
J. Raghu Rice Mills, Rep. by Its Proprietor, J. Chandramouli Vs. the C ...
Court: Andhra Pradesh
Decided on: Oct-18-1996
Reported in: 1996(2)ALD(Cri)825; 1997(1)ALT190
ORDERS. Parvatha Rao, J.1. The petitioner questions the order of the 3rd respondent herein i.e., Superintending Engineer, Assessments, at Hyderabad dated 15-10-1987 and the order of the 1st respondent herein i.e., Chief Engineer (Electricity), Andhra Pradesh State Electricity Board, Western Zone at Hyderabad in Appeal No. 16 of 1987, Rural Circle, Hyderabad dated 28-6-1988 confirming the order of the 3rd respondent, and seeks a Writ of Certiorari calling for the records relating to the said orders and quashing the same.2. First the facts in brief. The petitioner is a proprietary concern of one J. Chandramouli (hereafter referred to as the petitioner) who gave the affidavit in support of the present Writ Petition. He set up a rice mill at Kalwakurthy in Mahaboobnagar District and is running the same under the name and style of the proprietary concern. The said rice mill has been receiving energy from the Andhra Pradesh State Electricity Board under Service Connection No. 670 (LT Categor...
Branch Manager, National Insurance Co. Ltd. Vs. Bhumani Venkatamma and ...
Court: Andhra Pradesh
Decided on: Oct-18-1996
Reported in: 1997(6)ALT457
ORDERB.K. Somasekhara, J.1. These appeals arise out of the awards of the Motor Accident Claims Tribunal, Ongole in OP.Nos. 154/88, 155/88, 167/88, 153/88 in regard to a motor vehicle accident that occurred on 17-3-1988. All are death claim cases filed under Section 110-A of the M.V. Act, 1939 (for short, the Act). The claimants are the legal heirs of the deceased persons respectively viz., Pedda Pothanna, Katte Ankulu, B. Lakshmaiah and Pedda Petanna. The lorry bearing No. ABG 4219 was involved in the accident. The lorry belonged to the 1st 20 respondent and insured with the 2nd respondent under a policy of insurance, the certified copy of which is Ex.B-1. Ex.B-2 is the copy of the permit in regard to the vehicle involved in the accident. The Tribunal held that the accident was due to the rash and negligent driving of the lorry by its driver and that the 1st respondent was liable to pay the compensation and at the same (time) held that the 2nd respondent being the insurer is also liabl...
M. Kuppuswamy Naidu Vs. Dr. P.N. Subbarayulu
Court: Andhra Pradesh
Decided on: Oct-18-1996
Reported in: 1996(4)ALT469
ORDERMotilal B. Naik, J.1. In this C.R.P. the orders passed by the Lower Court in CM. A. 10/96, dated 15-7-1996, are challenged on various grounds.2. On behalf of the petitioner, Sri P.S. Narayana, learned counsel for petitioner, has tried to take this Court to various factors leading to the institution of the suit O.S. 9/96 on the file of Pri. Subordinate Judge, Tirupati by the respondent herein for a declaration and consequential injunction. The dispute looks to me, is with regard to the Survey No. 269/2 situated in Tiruchanoor village, Tirupati Mandal, Chittoor District. There is claim and counter claim by both the petitioner as well as the respondent on the question of title over the properties.3. On elaborate hearing from the learned counsel for the petitioner and Sri Venkata Narayana, learned counsel for the respondent, I am inclined to say the controversy could be resolved by directing the Trial Court to dispose of the suit O.S.No.9/96 pending on its file in an appropriate time....
Dr. L. Ramamohan Vs. the Registrar, University of Health Sciences and ...
Court: Andhra Pradesh
Decided on: Oct-18-1996
Reported in: 1996(4)ALT727
ORDERM.N. Rao, J.1. The grievance of the petitioner is that he is an in-service candidate belonging to B.C. 'A' group of the backward classes and although he secured rank No. 357 in the entrance examination for admission to Post-graduate courses, he was not given admission in the subject 'Gynaecology and Obstetrics' but the third respondent, also an in-service candidate but belonging to B.C. 'D' (sic. 'B') group who secured rank No. 430, was selected against that quota for the academic year 1995-1996. He also complains that first, the candidates belonging to backward class among the in-service candidates should be selected and then 30 only claims of the other categories should be taken up.2. We are not inclined to admit the writ petition for reasons more than one. The selection was over in the month of May 1996 and classes commenced on 3-6-1996 but this writ petition was filed on 12-9-1996 and there was no convincing reason as to why the petitioner waited for such a long time. Although...
K. Prabhakara Laxmi Vs. Chairman and Correspondent, S.A.P. Arts and Sc ...
Court: Andhra Pradesh
Decided on: Oct-18-1996
Reported in: 1996(4)ALT445
S.R. Nayak, J.1. Heard Mr. G. Vidyasagar, learned Counsel for the petitioner, Mr. K. Pratap Reddy, learned senior Counsel for the educational institution and the learned Government Pleader for Higher education.2. In this writ petition, the petitioner, on the date of presentation of the writ petition in this Court, was working as Lecturer in Political Science. The 1st respondent is the management of the College and the 2nd respondent is the Regional Director of Higher Education, Warangal. The petitioner was placed under suspension by the Management of the College on 21-6-1989, pending an enquiry into certain alleged misbehaviour on the part of the petitioner. The petitioner did not participate in the enquiry conducted by the management protesting that the enquiry was not in accordance with the rules and regulations governing such enquiry. The management, after holding ex parte enquiry on 19-1-1990, issued a show-cause proposing dismissal of the petitioner. Permission of the 2nd responde...
S.H. Javeri Vs. Government of Andhra Pradesh Rep. by Its Secretary, Ho ...
Court: Andhra Pradesh
Decided on: Oct-18-1996
Reported in: 1996(4)ALT802
B. Sudershan Reddy, J.1. This Court's extraordinary jurisdiction is invoked by the petitioner in a matter which is basically and essentially a civil dispute between the petitioner and Respondents 3 and 5. The suit already filed by the petitioner in O.S. No. 37 of 1995 on the file of the learned V Addl. Judge, City Civil Court, Hyderabad is still pending and therefore, whatever observations that are made while disposing of this writ petition should be treated as meant for disposal of this writ petition alone and such observations, if any, shall have no bearing whatsoever upon the pending civil proceedings between the parties. It may not be really necessary to notice all the facts except such facts which are necessary for disposal of this writ petition.2. Even according to the petitioner, the writ petition is filed challenging the arbitrary and illegal action on the part of respondents 3 and 4 and the conduct of Respondent No. 4 herein. It is alleged that the conduct of the respondent Ho...
Branch Manager, National Insurance Co. Ltd. Vs. Bhumani Vapatamma and ...
Court: Andhra Pradesh
Decided on: Oct-18-1996
Reported in: 1998ACJ1235
B.K. Somasekhara, J.1. These appeals arise out of the awards of the Motor Accidents Claims Tribunal, Ongole, in O.P. Nos. 154, 155, 167 and 153 of 1988 in regard to a motor vehicle accident that occurred on 17.3.1988. All are death claim cases filed under Section 110-A of the Motor Vehicles Act, 1939 (for short, 'the Act'). The claimants are the legal heirs of the deceased persons respectively, viz., Pedda Pothanna, Katte Ankulu, B. Lakshmaiah and Pedda Petanna. The lorry bearing No. ABG 4129 was involved in the accident. The lorry belonged to the respondent No. 1 and was insured with the respondent No. 2 under a policy of insurance, the certified copy of which is Exh. B1. Exh. B2 is the copy of the permit in regard to the vehicle involved in the accident. The Tribunal held that the accident was due to the rash and negligent driving of the lorry by its driver and that the respondent No. 1 was liable to pay the compensation and at the same time held that the respondent No. 2 being the i...
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