Andhra Pradesh Court April 2000 Judgments
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Md. Jani Miya Vs. Apsrtc and Another
Court: Andhra Pradesh
Decided on: Apr-25-2000
Reported in: 2000(5)ALD166; 2000(6)ALT702
ORDER1. Heard the learned Counsel for the petitioner and the learned Standing Counsel for the respondent-Corporation Sri K. Harinath, and at their request, the matter is taken up for final disposal.2. Issue Rule Nisi.3. The petitioner was removed from service as a disciplinary measure, after holding a departmental enquiry against him. On his appeal, the punishment of removal imposed by the Disciplinary Authority was reduced by the Appellate Authority directing reinstatement of the petitioner into service as Conductor imposing a penalty of deferment of annual increment for a period of one year without cumulative effect on his future increments and treating the period of his absence tilt he reported duty as 'not on duty'. In pursuance of the same, the petitioner reported to duty. At that stage, he was subjected to medical test to find out his suitability to the post. Initially, the Medical Officer, who examined the petitioner, found defect in his left eye and held that he is unfit for th...
Government of Andhra Pradesh and Another Vs. Nanduri Veerabhadra Rao a ...
Court: Andhra Pradesh
Decided on: Apr-24-2000
Reported in: 2000(3)ALD646
ORDERM.S. Liberhan, CJ1. WA No.368 of 2000 preferred by the respondents 1 and 2 in WP No.21313 of 1999 arises out of the interlocutory order of the learned single Judge in WPMPNo.26733 of 1999.2. WP No.21313 of 1999 is filed against the order of the President of the Primary Agricultural Credit Society, Pedagopathi, Khammam District dated 6-4-1999 placing the writ petitioner who is working as Secretary of the said society under suspension pending enquiry into the allegations of misappropriation of the funds of the society. The learned single Judge while admitting the writ petition by the order under appeal granted interim directions to reinstate the petitioner into service in any other society on the ground that the authorities have not complied with the provisions of sub-section (3) of Section 59 of the A.P. Co-operative Societies Act ('the Act' for brevity). Aggrieved by the same, respondents 1 and 2 have preferred the writ appeal.3. With the consent of the learned Counsel for the par...
Depot Manager, Apsrtc, Kamareddy, Nizamabad Dist. Vs. E. Kista Goud an ...
Court: Andhra Pradesh
Decided on: Apr-24-2000
Reported in: 2000(4)ALD365; 2000(4)ALT421; [2000(86)FLR686]
ORDER1. WP No.10375 of 1998 is filed by the Andhra Pradesh State Road Transport Corporation (in short 'APSRTC') to quash the Award dated 2'4-1997 passed by the Labour Court, Hyderabad II in ID No.56/1992 (old ID No.220 of 1987), published on 24-1-1998. WP No.16048 of 1999 is filed by the son of the deceased-conductor to implement the directions given in the very same award.2. The brief facts of the case are, father of the petitioner in WP No.16048 of 1999, who was employed in the APSRTC as conductor on 11-5-1983, (hereinafter called the deceased) was charged-sheeted on 20-12-1984 for eight charges of misconduct committed by him on 8-12-1984, while conducing the bus bearing No.AAZ 576 on route from Domakonda to Bibipet and a departmental enquiry was conducted, wherein he was found guilty of all the charges framed against him. The disciplinary authority, accepting the enquiry officer's report, by the order dated 6-6-1985, imposed punishment of termination frm service with immediate effec...
State Election Commission Vs. State of Andhra Pradesh and Another
Court: Andhra Pradesh
Decided on: Apr-21-2000
Reported in: 2000(3)ALD456
ORDERMotilal B. Naik, J. 1. Before we decide the principal issue raised in these writ petitions, we briefly narrate the contentions raised in all these writ petitions.WPNo.2481 of 2000:This writ petition is filed by the State Election Commission, represented by its Secretary, Buddha Bhawan, Secunderabad. Petitioner has questioned the validity of the Ordinance No.3 of 2000 dated 5-2-2000 issued by the State of Andhra Pradesh and the consequential letter dated 10-2-2000 of the first respondent and seeks to quash the same as being untenable and repugnant to Article 243-E(3) of the Constitution of India and for issuing appropriate orders.2. According to the petitioner, as the term of ofice of the Mandal Parishads and Zilla Parishads in the State of Andhra Pradesh would be expiring on 17-3-2000 and 19-3-2000 respectively, it initiated action for conduct of elections to these bodies by taking appropriate steps, viz., addressing letters to all the District Collectors instructing them to take ...
Chintareddy Madhusudhan Reddy Educational Society and Another Vs. All ...
Court: Andhra Pradesh
Decided on: Apr-21-2000
Reported in: 2000(4)ALD51; 2000(3)ALT731
ORDER1. This writ petition is filed seeking a writ of mandamus to the 1st respondent to consider the application of the petitioners for grant of permission to start an Engineering College for the academic year 1998-99 on the basis of the No Objection Certificate issued by 'the State Government in Letter No.SP6569/EC2/97 dated 28-1-1998 or in the alternative to give a declaration that the No Objection Certificate issued by the State Government shall be in force till the same is either cancelled or withdrawn by the State Government, without reference to the academic year.2. The facts are not in dispute. The petitioner-Society applied for starting an Engineering College as well as B. Pharmacy College during the academic year 1998-99 and the State Government on the basis of the inspection report submitted by its officials granted a No Objection Certificate to the petitioner-Society for consideration of its case for starting both the colleges. But the All India Council for Technical Educati...
Gadde James and Others Vs. Kolla Upendra Babu and Another
Court: Andhra Pradesh
Decided on: Apr-21-2000
Reported in: 2000(4)ALD115; 2000(3)ALT511
1. Defendants 2 to 4, 7, 8 and 10 to 14 are the appellants in this appeal challenging the judgment and decree in OS No.10 of 1982 dated 1-4-1985 on the file of the Subordinate Judge at Chirala wherein the suit filed for recovery of possession of the suit schedule property by way of restitution was decreed.2. The plaintiff claims that in the land ceiling proceedings arising under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short 'the Act'), he was found in excess to an extent of 0.2728 Family holdings and he surrendered Ac.7-55 1/2 cents to the defendant No.1, who is the Government, in the proceedings in CC No.1295/CLX/75. However, in appeal, as per the orders in LRA No.91 of 1979 dated 9-1-1980, the extent of excess holding was modified and reduced to 0.1022 standard holding. Therefore, he filed a petition before the defendant No.1 for restitution of the excess land surrendered i.e., to an extent of Ac.3-97 cents. Even as per the ...
Darsi Sree Rama Murthy Vs. Vijayawada Municipal Corporation and Anothe ...
Court: Andhra Pradesh
Decided on: Apr-21-2000
Reported in: 2000(4)ALD390; 2000(4)ALT305
ORDER1. The legality and validity of the orders dated 15-2-2000 in Roc No.3693/ 95-A3 of the first respondent-Vijayawada Municipal Corporation, Vijayawada in leasing out an area of about 1500 square Feet in the first floor of western wing of the VHR Complex of the Vijayawada Municipal Corporation, Vijayawada to the second respondent-Managing Partner, Kalanikethan, for its location of show room on payment of Rs.1,05,000-00 towards deposit and also on payment of rent at the rate of Rs.7,075/- per month for a period of three years with an option to extend another period, i.e., after completion of the lease period of three years, on condition of enhancement of 33 1/3% of the existing rent only, are impugned in the present writ petition.2. The facts, in brief, are that the first respondent-Corporation is the absolute owner of the Commercial Building Complex known as VHR Complex, situated at Governorpeta, Gopal Reddy Road, Vijayawada, Krishna district. In the said commercial complex, the sec...
Senior Divisional Manager, Lic of India, Nellore and Another Vs. Chinn ...
Court: Andhra Pradesh
Decided on: Apr-21-2000
Reported in: 2000(5)ALD477; 2000(3)ALT428
ORDERM.S. Liberhan, C.J.1. The LifeInsurance Corporation of India has filed this writ appeal against the order dated 9-2-2000, passed by the learned single Judge in WP No. 1800 of 2000.2. The respondent (hereinafter referred to as 'the petitioner') has impugned the action of the appellants (hereinafter referred to as 'the respondents') in not calling him for interview for promotion to the post of Higher Grade Assistant and calling other candidates, who have neitherpassed the departmental promotion test nor are possessing the required technical qualifications, as arbitrary, illegal and violative of Article 14 of the Constitution of India.3. The respondents issued a notification on 30-10-1999 calling for applications from eligible employees for promotion to 12 posts of Higher Grade Assistants. It was made clear in the notification that the conditions of eligibility, including service and qualifications would be reckoned as on 1-10-1999. The eligibility of the petitioner to apply for the ...
Hindustan Dorr-oliver Ltd., Mumbai Vs. Godavari Fertilizers and Chemic ...
Court: Andhra Pradesh
Decided on: Apr-20-2000
Reported in: 2000(3)ALD445; 2000(3)ALT277
ORDER1. The petitioner herein prays for issuance of a writ of mandamus declaring the action of the first respondent in awarding the contract pursuant to the Global Tender ITB/Bid No.PRJ/HYB-PRB/ KK.D-1/99, dated 22-1-1999 to respondent No.3 for plant up gradation at kakinada, as illegal, arbitrary and capricious. The petitioner prays to issue necessary directions to the first respondent to consider the tender/ offer submitted by the petitioner.2. The first respondent is a company registered under the Companies Act, 1956 promoted by IFFCO and the State Government of Andhra Pradesh. The IFFCO has 25% of share holding and the State Government of Andhra Pradesh holds 26% of shares in the first respondent company. The IFFCO and the State Government of Andhra Pradesh together have a controlling interest of 51% of share holding in the first respondent company.3. The first respondent company has set up a plant at Kakinada (Andhra Pradesh) for manufacture of Di-Ammonium Phosphate (DAP), which i...
Priyadarshini Jattu Workers Labour Contract Co-operative Society (Lccs ...
Court: Andhra Pradesh
Decided on: Apr-20-2000
Reported in: 2000(4)ALD31; 2000(3)ALT114
ORDER1. The petitioners on the one hand and the 4th respondent on the other hand are the competitors for award of Handling and Transporting Contract Work in the Food Corporation of India (for short 'FCi') godowns at Dowleswaram. This case has had a checkered career but after hearing the learned Counsel for the parties, I do not find it necessary to refer to all the earlier writ proceedings taken before the Supreme Court. Suffice it to state that during the block period 1994-96, the Handling and Transporting Contract Work was awarded to the 4th respondent in pursuance of the tender notification dated 23-6-1994. The petitioners herein assailed the above action of the FCI in WP No.13673 of 1992. The writ petition was dismissed, though the learned single Judge invoking suo motu extraordinary jurisdiction of thisCourt issued certain directions to the FCI. The matter was carried further before the Division Bench in WA Nos.520 of 1995 and 780 of 1998 by the FCI and the petitioners respectivel...
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