Andhra Pradesh Court July 2000 Judgments
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Union of India Vs. S.K. Bikshapathi
Court: Andhra Pradesh
Decided on: Jul-20-2000
Reported in: 2000(4)ALD460; 2000(4)ALT336
ORDERS.R. Nayak, J.1. This writ petition, filed by the Union of lndia and its authorities, is directed against the judgment and order dated 22-10-1999 made in OA No.978 of 1998 on the file of the Central Administrative Tribunal (CAT), Hyderabad Bench, directing the petitioners herein to dereserve the post of Assistant Electrical Engineer earmarked for the ST candidates, and promote the respondent who belongs to general category to that post if the respondent is next in turn for promotion to the de-reserved post of Assistant Electrical Engineer, and to grant the pay scale attached to the post of Assistant Electrical Engineer.2. The facts are few and simple. They are: For the purpose of filling up six promotional vacancies in the Group B posts of Assistant Electrical Engineers in the pre-revised scale of Rs.2000-3500 (4 OC + 1 SC + 1 ST) through Limited Departmental Competitive Examination (for short 'LDCE'), a Notification No.P(GAZ) 607/EL/LDCE(8) dated 23-11-1993 was issued against the...
Vodde Jayaramulu Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jul-20-2000
Reported in: 2000(6)ALD176; 2000(2)ALD(Cri)464
ORDERRamesh Madhav Bapat, J. 1. The sole accused in Sessions Case No.322 of 1995 which was decided by the learned Sessions Judge, Anantapur is the appellant herein. The accused-appellant was tried for an offence punishable under Section 498-A IPC. On evidence, the learned Judge found him not guilty, and therefore, he was acquitted of the said charge. The accused-appellant was further tried for an offence punishable under Section 302 IPC. The learned Judge found him guilty and sentenced him to suffer imprisonment for life and to pay fine of Rs.2,000/-, in defaultto suffer simple imprisonment for six months. Aggrieved by the said order of conviction and sentence, the present appeal has been filed by the accused-appellant.2. The substance of the charge against the accused was that prior to 25-2-1994 the accused started harassing his wife Suseelama by beating and abusing her. On 25-2-1994 at about 6.00 p.m in his own house in Jakkireddipalli Village, the accused alleged to have poured kero...
Appala Swamy @ Kommuru Vs. State of A.P., Rep. by P.P.
Court: Andhra Pradesh
Decided on: Jul-20-2000
Reported in: 2000(2)ALD(Cri)413; 2000CriLJ4487
B. Sudershan Reddy, J.1. This is a petition filed under section 482 of the Code of Criminal Procedure to expunge certain remarks made against the petitioner herein in the judgment dated 6.10.1998 in Sessions Case No.44/95 on the file of the learned I Addl. Metropolitan Sessions Judge, Vishakapatnam. Before adverting to the question as to whether the petitioner is entitled for any relief in this petition, it may be necessary to notice the relevant facts leading to the filing of this petition. 2. The petitioner is a resident of Bhogapuram village and he claims to be an agriculturist. He was a Member of Parliament during 1980-84. He owns certain properties in Vishakapatnam. One Annapurnamma was the wife of the petitioner's brother who purchased a site at Dwarakanagar under Co-operative Scheme allotment and constructed a house. After the death of the petitioner's brother in the year 1985 the house was given to his wife Smt. Annapurnamma and the petitioner claims to have good relations with...
Sapur Pedda Veeranna Vs. State of A.P., Irrigation and Cad and ors.
Court: Andhra Pradesh
Decided on: Jul-20-2000
Reported in: 2000(4)ALT588
ORDERS. Ananda Reddy, J.1. This writ petition is filed by the petitioner seeking an appropriate direction to the respondents for issuing the cheque in respect of the compensation for which already a cheque was issued alongwith a bond in favour of the petitioner in phase-II of the Lok Adalath.2. The land of the petitioner was acquired and the concerned authorities issued a cheque and bond in favour of the petitioner towards the compensation amount. But as there was some mistake, the cheque and the bond were returned to the Land Acquisition Officer for correction and for returning it to the petitioner. But as the Land Acquisition Officer failed to carry out the correction and return the cheque and the bond to the petitioner, now the petitioner is seeking a direction for returning the cheque after completing the necessary corrections alongwith the bond, which were returned by the petitioner.3. As far as the facts are concerned, there is no dispute regarding the amount to which the petitio...
State of A.P. Vs. O.P. Jalan and Another
Court: Andhra Pradesh
Decided on: Jul-19-2000
Reported in: 2000(5)ALD238; 2000(6)ALT710
ORDERD.S.R. Varma, J 1. This contempt case is suo motu taken up by this Court on the basis of the reference, dated 1-3-1999, passed by the III Senior Civil Judge, City Civil Court, Secunderabad, in IA No.483 of 1995 in OS No.230 of 1992.2. IA No.483 of 1995 in OS No.230 of 1992 was filed by the petilioners by name M/s. Deccan Syntex Ltd., represented by its Managing Director, Sanjay Jalan, for punishing the respondent Nos.1 and 5 i.e., the repondents herein for criminal contempt.The respondents in IA No.483 of 1995 are in all six in number.3. It was stated by the 2nd petitioner in the affidavit filed in support of IA No.483 of 1995 that he is the Managing Director of the 1st petitioner company; that he filed IA No.828 of 1992 for appointment of Commissioner to search and seize the records of the company lying in the premises No.5-2-175/1, R.P. Road, Secunderabad and accordingly one Sri Raghu was appointed as Commissioner for the said purpose. The said Commissioner seized the records fr...
S.A. Gani Vs. Chairman and Presiding Officer, Labour Court-i, Hyd.
Court: Andhra Pradesh
Decided on: Jul-19-2000
Reported in: 2000(5)ALD144; 2000(5)ALT237; [2000(87)FLR30]; (2000)IILLJ1537AP
ORDERP. Venkatarama Reddi, J 1. The appellant who was conductor in APSRTC was removed from service by an order passed by the Depot Manager on 31-10-1995. The order of removal was confirmed in appeal. The appellant then raised an industrial dispute. Before the Industrial Tribunal on a reappreciation of evidence, the validity of domestic enquiry was not questioned. The Tribunal came to the conclusion that the charges against the employee - that he collected Rs.3.50 from a passenger, issued a holiday ticket of Rs.10-00 denominations and took back that ticket before the passenger alighted, that he failed to observe the rule of issuing tickets within one fare stage, were held tobe proved on the basis of evidence on record. The Tribunal held that in a case of this nature involving misappropriation of Corporation funds with a criminal intention, the punishment of removal cannot be considered to be excessive or unreasonable, the mere fact that the amount detected to have been misappropriated d...
M. Radhakrishna Moorthy and Others Vs. District Educational Officer, O ...
Court: Andhra Pradesh
Decided on: Jul-19-2000
Reported in: 2000(5)ALD64; 2000(4)ALT660
ORDER1. In all these writ petitions the dispute is regarding the transfer of Parasara Bharathi Oriental Elementary School, Kandukur. Hence these writ petitions are being disposed of by a common order.2. WP No.9047 of 1999 and WP No.34050 of 1998 are filed by the teachers of the said school whose posts were admitted to grant-in-aid. WP No.2t 146 of 1999 is filed pro bono publico by four petitioners who are parents of the children studying in Parasara Bharathi School (PBS). In the two writ petitions filed by the teachers, they impugn the validity of the proceedings issued by the District Educational Officer, Ongole (hereafter called 'the DEO') in RCNo.2124/B3/98, dated 27-8-1998. In the other writ petition, the petitioners pray for a declaration that the action of the DEO and the Director of School Education in seeking to close down the PBS as illegal and contrary to the provisions of the A.P. Education Act, 1982 ('the Act' for brevity).3. The admitted facts relevant for the purpose of d...
Depot Manager, Apsrtc, Sangareddy Vs. Presiding Officer, Industrial Tr ...
Court: Andhra Pradesh
Decided on: Jul-19-2000
Reported in: 2000(5)ALD669; 2000(5)ALT708
ORDER1. Aggrieved by the award of the Industrial Tribunal II, Hyderabad in ID No.197/94, dated 12-8-1994, reinstating the respondent No.2 to duty without back wages with continuity of service, the APSRTC filed this writ petition.2. I have gone through the award of the Tribunal. The petitioner Corporation framed the following charges against therespondent No.2 :'(1) For having misbehaved with the Leading Hand Sri Ghousuddin, E.21018, LH on 7-4-1984 while youwere on duty from 9.00 hours to 17,00 hours.(2) For having relaxed in the Tyres Section at 15,30 hours on 7-4-1984 while you were on duty from 9.00 to 17.00 hours.(3) For having entering the AMF/STI's room at 17.00 hrs, and caught hold of LH's Shirt Collar and assaulted him and spoke 'E Department Na Sulli Cheethunda.'3. Pursuant to the domestic enquiry held, the petitioner Corporation removed him from service by its order dated 3-8-1984. Questioning the order of removal the respondent No.2 moved the Industrial Tribunal for reinstate...
Purety Surya Prakash Rao and Another Vs. Purety Venkataratnam and Othe ...
Court: Andhra Pradesh
Decided on: Jul-19-2000
Reported in: 2000(5)ALD651; 2000(5)ALT382
ORDER1. This appeal is filed against the final decree and judgment made in IA No.34 of 1984 (1401 of 1982 E.S.C.) in OS No.139 of 1978 dated 13-8-1985 on the file of the Subordinate Judge, Tadepalligudem.2. The appellants herein are the petitioners-plaintiffs in the said IA No.34 of 1984 in OS No.139 of 1978. The respondents herein are the defendants. This appeal was dismissed for default against the 4th respondent by an order dated 16-2-1998.3. The learned Subordinate Judge, by the said order dated 13-8-1985, passed the final decree in the application filed by the appellants herein under Order 20, Rule 18 and Section 151 CPC for allotting 6/15th share in the immovable property as per plaint 'A' schedule and the moveable properties admitted in Ex.A1 notice in pursuance of the preliminary decree after appointing a Commissioner to so divide and after considering his report.4. 1st respondent is the brother of the 1st appellant. The 2nd appellant is the son of the 1st appellant. The 2nd re...
A. Bharathi Vs. A.P. Residential Educational Institution Society
Court: Andhra Pradesh
Decided on: Jul-19-2000
Reported in: 2000(5)ALT105
ORDERG. Bikshapathy, J.1. The Writ Petition is filed seeking a direction to the respondent to treat the period from 27-9-1995 to 20-12-1996 as on duty and also arrange payment of salary and allowances for the said period to the petitioner. The petitioner was working as a trained graduate teacher in Telugu at A.P. Residential School for Girls, Vangara and she was transferred from Vangara to Hasanparthy by orders dated 27-5-1995. Accordingly, she was relieved at Vangara and she reported at Hasanparthy on 7-6-1995 duly relieving Smt. Rama Rani, who was posted to Vangara. However, Smt. Rama Rani filed Writ Petition No. 11227 of 1995 challenging her transfer from Hasanparthy to Vangara. On 13-6-1995, the Principal of the A.P. Residential School for Girls, Hasanparthy intimated the authorities that the petitioner joined at Hasanparthy on 7-6-1995. This Court in W.P.M.P. No. 13757/95 directed the respondents to continue Smt. Rama Rani at Hasanparthy. Since the said order was not complied with...
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