Andhra Pradesh Court April 2001 Judgments
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R.N. Anand Vs. Government of India and Others
Court: Andhra Pradesh
Decided on: Apr-25-2001
Reported in: 2001(3)ALD614; [2001(90)FLR145]
ORDERS.B. Sinha, CJ 1. This writ petition arises out of an order dated 20-2-2001 passed by the Central Administrative Tribunal in OA No. 1831 of 2000 dismissing the application as not maintainable.2. 'The only question which arises for consideration in this writ petition is as to whether the petitioner is entitled to any interest on the delayed payment of GPF amount.3. The basic fact of the matter is not in dispute.The petitioner retired as Deputy Director (Elec.) SISI, Hyderabad in Small Industries Development Organisation on 31-7-1997. He was not paid the provident fund amount immediately on his retirement. Ultimately, he was paid a sum of Rs. 6,63,319/- on 7-12-1997. He made representations to the authorities for payment of interest on delayed payment of the provident fund amount. The respondents denied the claim on the ground that the petitioner submitted the prescribed application on 10-9-1997 and the amount has been paid within three months from the said date. He filed OA No. 161...
B.S.B.G. Tilak Vs. G.R.V. Prasada Rao and Others
Court: Andhra Pradesh
Decided on: Apr-25-2001
Reported in: 2001(3)ALD754
ORDERS.B. Sinha, CJ 1. This appeal isdirected against a judgment and order passed by a learned single Judge in WP No.25821 of 2000 whereby and whereunder the writ petition filed by the 1st respondent herein claiming inter alia for the following reliefs :--to issue an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring as illegal, arbitrary and in violation of rules G.O. Rt. No.972 Higher Education (CE.III) Department, dated 13-12-2000 and issue a consequential direction to the respondents 1 to 4 to consider the case of the petitioner for promotion in the aided post of Junior Lecturer in Maths in the 3rd respondent College in terms of proceedings Rc.No.G3/103/2000 dated 18-11-2000 of the 2nd respondent was allowed.2. By order dated 13-12-2000 of the 2nd respondent, impugned in the writ application, the appellant herein was appointed as Junior Lecturer in Mathematics in the vacant aided post in 4th respondent-College. He was initially ...
K. Bangar Rao Vs. Director, A.P. Police Academy, Hyderabad and Others
Court: Andhra Pradesh
Decided on: Apr-25-2001
Reported in: 2001(3)ALD760; 2001(3)ALT706
ORDERS.B. Sinha, CJ 1. The question which arises for consideration in this writ petition is as to whether the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994 (Act No.2 of 1994) is applicable to the case of the petitioner. 2. The said question has been filed raised in view of the fact that in terms of proceedings in Rc.No.923/AE.1/APPA/95-97 dated 30-6-1997, the petitioner has been removed from service pursuant to the show-cause notice dated 4-4-1997. 3. The petitioner joined in the Republic Forge Company Ltd., a State Government undertaking, as casual employee in the year 1979. His services were regularised on 1-1-1982 in the category of Junior Assistant. He was also promoted to the post of Senior Assistant. The Company was facing financial crisis and on the verge of closure. Whereupon the Ministry of Finance and Planning, allegedly, addressed a letter to the Company calling for the list of surplus employee...
Presidency High School, Hyderabad Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Apr-25-2001
Reported in: 2001(4)ALD1; [2001(90)FLR697]
ORDERS.B. Sinha, C.J.1. The petitioner in this writ petition questions Section 7(A) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, (for brevity, hereinafter referred to as 'Provident Fund Act') as also to declare the proceedings dated 21-2-2000 issued by the third respondent as illegal and violative of Articles 14, 19, 21 and 300-A of the Constitution of India.2. The petitioner herein is an educational Institution. According to the petitioner, it has been established in terms of Section 2(18) of the A.P. Education Act having been recognised in terms of Section 21 thereof and that the provisionsof the Provident Fund Act are not applicable to the petitioner Institution. Before adverting to the question involved in this application, the factual matrix may be noticed.3. The Assistant Provident Fund Commissioner by an order dated 14-2-1992 directed to pay the arrears of provident fund amounts for the period from 1-7-1990 to 30-9-1991. Another order dated 4-4-1993 wa...
Vijayalakshmi Enterprises Vs. Assistant General Manager, Andhra Prades ...
Court: Andhra Pradesh
Decided on: Apr-25-2001
Reported in: 2001(4)ALD115; [2003]115CompCas950(AP); [2004]52SCL11(AP)
ORDERS.B. Sinha, C.J.1. In this writ petition, the petitioner herein which is a proprietary concern had sought for a declaration that a purchaser of goods in a sale under Section 29 of the State Financial Corporation Act, is not liable for the dues of the loanee payable to the Customs and Excise Authorities and for a direction upon therespondents 3 and 4 herein not to interfere with the removal of the machinery from the premises of the loanee and transport the same to the destination.2. The establishment of M/s. Koratla Textiles Private Limited, Lingojigud village, Choutuppal Mandal, Nalgonda District was a loanee of the A.P. State Financial Corporation (hereinafter referred to as 'the loanee') machinery, furniture, fixtures and stores of the said company was put in public auction in terms of the provisions of Section 29 of the State Financial Corporations Act, 1951 (for short 'the Act'). The petitioner being the highest bidder, the said machinery etc., were transferred in its name.The...
P. Vasantha Rao Vs. General Manager, SCR Rail Nilayam, Sec'bad and oth ...
Court: Andhra Pradesh
Decided on: Apr-25-2001
Reported in: 2001(4)ALD234
ORDERS.B. Sinha, CJ 1. This writ petition is directed against the order of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad in OANo.1102 of 1995, 3-4-1998 whereby and whereunder the original application filed by the petitioner, who was working as Senior Cashier in South Central Railway, Secunderabad, against the order removing him from service was dismissed.2. A short question as regards the interpretation of sub-rule (3) of Rule 10 of the Railway Servants (Discipline and Appeal) Rules, 1968 (for short 'the Rules') falls for consideration in this writ petition.3. The fact of the matter shortly stated is as follows:The petitioner was appointed as Shrof in South Central Railway on 11-5-1964 and at the relevant time he was working as Senior Cashier. During February, 1993 he was entrusted with the duties of distributing salaries, allowances and advances etc., and maintaining the accounts and vouchers in relation to the routes (1) Secunderabad to Wadi, (2) Vikarabad to Parli,...
Pennar Paterson Limited Vs. State Bank of Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Apr-25-2001
Reported in: 2001(3)ALT673; [2001]106CompCas338(AP); (2001)3CompLJ379(AP)
S.B. Sinha, C.J. 1. A learned Judge of this Court referred the matter to a Division Bench in Company Petition No. 131 of 1999. The question which arises for consideration is as to whether the Debt Recovery Tribunal can ask the provisional Official Liquidator to take certain action without obtaining the leave of the Company Court in view of the decision of the Apex court in Allahabad Bank v. Canara Bank, I (2000) BC 627 (SC)=IV (2000) SLT 325=AIR 2000 SC 1535. 2. The fact of the matter, in short, is as follows : A company petition--C.P. No. 131 of 1999--has been filed by the creditors of M/s. Pennar Paterson Limited seeking its winding up whereupon by an order dated 24.11.1999 the Official Liquidator has been appointed as provisional liquidator to take possession of the assets of the company. Pursuant to the said order the provisional liquidator has taken custody of the assets of the company after preparing an inventory in the presence of the secured creditors. While so, the State Bank ...
AsaduddIn Owaise and anr. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Apr-25-2001
Reported in: 2001(1)ALD(Cri)777; 2001(1)ALT(Cri)460; 2001CriLJ3939
S.B. Sinha. C.J.1. This matter has been placed before us on a reference made by a learned singe of this Court viz., C.Y. Somayajulu, J for a decision on the following question: 'Whether the investigation conducted by a Police Officer, in respect of a cognizable offence that occurred in his presence in which he is not a victim, and in respect of which he lodges a report, gets vitiated or not, and whether the decision of this Court in Maddu Lakshmana Rao v State of A.P.1 lays down the correct proposition of law?'2. The Criminal Petition under Section 482 of the Code of Criminal Procedure was filed by accused 1 and 2 who were charge sheeted along with others for the offences punishable under sections 147, 148, 332, 307 I.P.C. and sections 3 and 4 of P.P.D Act and Section 7 of Criminal Amendment Act in Crime No.49 of 1998 on the file of Shamsheergunj Police Station, Hyderabad, seeking quashing of the proceedings in S.C.No.264 of 2000 on the file of the 1st Additional Metropolitan Sessions ...
M. Shashikala Vs. Station House Officer and ors.
Court: Andhra Pradesh
Decided on: Apr-25-2001
Reported in: 2001(2)ALD(Cri)220; 2001(4)ALT22; 2001(2)ALT(Cri)175
S.B. Sinha, C.J.1. This appeal is directed against a Judgment and Order dated 22.1.2001 passed by a learned single Judge of this Court in W.P.No.17686 of 2000 whereby and whereunder the writ petition filed by the appellant herein was dismissed.2. The petitioner herein lodged a First Information report against the unofficial respondents herein. The unofficial respondents also lodged a first information report against the appellant. The complaint of the appellant was found to be false whereas a charge sheet had been filed in the complaint filed by the unofficial respondents herein. The grievance of the petitioner in the Writ Petition was that the respondents 1 and 2 while discharging the statutory functions were bound to investigate a crime properly and no interference therewith is permissible. 3. The learned counsel would contend that it was the duty of the police authorities to inform the appellant about the result of the investigation and only in the counter filed by the respondents, ...
Roshini Wines, Rep. by Licensee, G. Parvathi Vs. Commissioner of Prohi ...
Court: Andhra Pradesh
Decided on: Apr-25-2001
Reported in: 2001(3)ALT533
S.B. Sinha, C.J. 1. This Writ Appeal is directed against the order of the learned Single Judge whereby and whereunder the writ petition filed by the appellant-writ petitioner was dismissed.2. The sole question which arises for consideration in this appeal is as to whether an employee of the State can engage in the trade of liquor?3. The factual matrix of the case is that one Late Gompa Narsinga Rao was issued IL-24 licence under the A.P. Excise Act to run a liquor shop at Pendurthi, Visakhapatnam District in the name and style of M/s. Roshini Wines. He died on 13-1-2000. The appellant is the mother of Narsinga Rao. On her request, the authorities permitted her to continue the business in her name. The 4th respondent herein who is the wife of late Narsinga Rao allegedly gave consent thereto. She, however, subsequently, filed an objection petition on 12-6-2000 to the effect that her claim is superior. She also questioned the validity of the legal heir certificate granted by the Mandal Re...
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