Andhra Pradesh Court November 2002 Judgments
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K. Sankariah and anr. Vs. A.P. Administrative Tribunal and ors.
Court: Andhra Pradesh
Decided on: Nov-22-2002
Reported in: 2003(2)ALT163
ORDERD.S.R. Varma, J.1. The dispute is actually between the petitioners and the 5th respondent herein.2. This writ petition is filed challenging the common order dated 20-10-1998 passed by the A.P. Administrative Tribunal, Hyderabad, in O.A. Nos. 5530/1998 and 1975/1996 with VMA.No. 541/1998.3. Petitioners are the applicants in O.A.No. 5530/1998, wherein G.O.Ms. No. 427, Revenue (CT.III) Department dated 16-6-1998, by which notional seniority with effect from 3-3-1987 was sanctioned to 5th respondent and the consequential proceedings dated 8-7-1998 of the 3rd respondent - Deputy Commissioner of Commercial Taxes, Warangal, was challenged and further for a direction to the respondents to consider the case of the petitioners for appointment to the post of Assistant Commercial Tax Officers (for short 'A.C.T.O.') by transfer in preference to the unofficial respondent therein, who is the 5th respondent in the writ petition.4. The case of the writ petitioners in the said O.A. was that the 5th...
N.K.C.D. Patel Vs. Secretary, Ministry of Defence and ors.
Court: Andhra Pradesh
Decided on: Nov-22-2002
Reported in: 2003(2)ALT199
ORDERD.S.R. Varma, J.1. This Writ Petition is filed seeking a declaration that the provisions of Section 71(a), (b) and (c) of The Army Act, 1950 are unconstitutional and ultra vires.2. The facts in brief are that the petitioner while working as a Nayak, certain charges were levelled against him in connection with misappropriation of 12,000 litres of petrol on 13-3-1995. The same were investigated and a General Court Martial was conducted against the petitioner and he was convicted with four years of rigorous imprisonment. Before the conviction, the petitioner was given full opportunity. The sentence imposed on the petitioner was confirmed by the General Officer Commanding Area of APNKK and G area on 5-8-1999.3. The counsel for the petitioner contends that owing to personal animosity, the superior officers levelled the charges against the petitioner without any basis; that only because of a clerical error, the deficiency of 12,000 litres of petrol was recorded; that it has been detecte...
T. Purushotham Reddy Vs. United India Insurance Company Limited by Its ...
Court: Andhra Pradesh
Decided on: Nov-21-2002
Reported in: 2003(1)ALD607; 2003(1)ALT379
ORDERGoda Raghuram, J.1. By order bearing Reference No. HO:PER:PNA:5086:2001, dated 12.12.2001, pursuant to a departmental enquiry and in purported exercise of the power under Rule 21(1), 26(3) read with Rule 23(e) of the General Insurance (Conduct, Discipline and Appeal) Rules, 1975, the 2nd respondent disciplinary authority imposed on the petitioner a major penalty of reduction to a lower stage by three steps in the time scale applicable to the post of Assistant Manager while informing him of a right of appeal under Rule 31 of the Rules. 2. The petitioner assails the above order on the ground that it is illegal, incompetent and without jurisdiction and also seeks a declaration that there is no subsisting relationship of employer and employee between the petitioner and the respondents and also seeks the relief of a direction to the respondents to release the terminal benefits to him as he is entitled to. 3. On facts, the petitioner was initially entered the service in the United India...
Shaik Mastanvali Vs. Correspondent, Nehru Memorial Committee Aided Ele ...
Court: Andhra Pradesh
Decided on: Nov-21-2002
Reported in: 2003(1)ALD57; 2003(3)ALT587
ORDERS.R. Nayak, J.1. Although rule nisi was issued by this Court on 25.9.1996, till-date, no counter-affidavit is filed on behalf of the respondents. At the time of hearing too, none appeared, nor any representation was made, on behalf of the respondents. Since the writ petition is of the year 1996 and since it is stated that the petitioner-employee has already retired, I do not think it appropriate to postpone the decision-making suo motu.2. In the writ petition, the petitioner has asked for a direction to the respondents to pay the salary to him for the period from 6.7.1990 to 21.1.1991 on the basis of the proceedings of the Deputy Inspector of School in Rc.No. 642/B/92, dated 6.2.1993.3. The background facts leading to the above claim, as set out by the petitioner in the affidavit filed in the writ petition, be noted briefly as under:4. The first respondent issued Proceedings Rc.No. 1/90 NMC, dated 14.5.1990 transferring the petitioner from the post of Headmaster (Secondary Grade),...
Smt. S. Swathi and Etc. Vs. the Station House Officer and ors.
Court: Andhra Pradesh
Decided on: Nov-21-2002
Reported in: 2003(1)ALT(Cri)112; 2003CriLJ1404
B.S.A. Swamy, J.1. In view of the common question involved in both the petitions, they are heard together and are being disposed of by way of this common order.W.P. No. 21782 of 20022. One Smt. S. Swathi w/o. Saly Rajasekhar, r/o. Ramachandrapuram Village, Jangareddi Gudem, West Godavari District has complained in her telegram dated 26-10-2002 addressed to the Hon'ble the Chief Justice of this Court that the police personnel of West Godavari have arrested her husband Saly Rajasekhar on 22-10-2002 at about 10-00 p.m. near J.P. Centre, Jangareddigudem, West Godavari District and illegally detained him. Apprehending danger to his life in a fake encounter by the police, she prayed for issuance of a writ of Habeas Corpus directing the respondents to produce him before this Court and set him at liberty forthwith.3. The said telegram was treated as a petition for writ of Habeas Corpus and notices were issued to the concerned.4. Pursuant to the said notice, one Mr. B. Ramakrishna, S.I. of Poli...
Gade Ramulu and ors. Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Nov-20-2002
Reported in: 2003(1)ALD393; 2003(1)ALT473
ORDERGoda Raghuram, J.1. Six petitioners-residents of Mukundapuram Village, Srikakulam District are aggrieved by the order of the 3rd respondent dated 23.10.1990 declaring the acquisition of land by the petitioners from the original assignees in violation of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short 'the Act'), as null and void and consequently ordering their ejectment from the lands and restoration to the assignees as also the orders of the 2nd and 1st respondents affirming the aforesaid order of the 3rd respondent in appeal and revision by the orders dated 18.2.1991 and 2.12.1991 respectively - seek certiorari on a plurality of grounds but substantially on the following:(a) that the order of the 3rd respondent had been passed pursuant to an enquiry behind the back of the petitioners and without notice and opportunity to them; (b) that the 3rd respondent had patently no jurisdiction to adjudicate upon the matter under the provisions of the Act inasmuch as...
V. Srisailam Vs. V. Krishna Murthy and ors.
Court: Andhra Pradesh
Decided on: Nov-20-2002
Reported in: 2003(1)ALD500
V.V.S. Rao, J.1. This judgment shall dispose of all the seven City Civil Court Appeals. The parties are related. Two suits were filed for partition of plaint-A schedule immovable properties and plaint-B schedule business concerns and plaint-C schedule movable properties. Two other suits were filed by one of the defendants for dissolution and accounts of two firms. It is convenient to refer to the parties as they are arrayed in the suit filed by Veesamsetti Krishna Murthy. The following genealogy table would show the relationship of the parties to the suit. Veesamsetti Srisailam(died) | _____________________________________________________________________________________ | |Veesamsetti Buggaiah (died in 1978) Veesamsetti Rangaiah _____ | V. Ananta lakshmi [Wife D7, (died in1990)] ________________________________________________________________________________________________________ | | | | | | | | V. Yadagiri V. Narasimhulu V. Lakshmi V. Ayodhya V. Kotestwar V. Krishna V. Srisailam E....
Board of Directors, Sri Visakha Grameena Bank and ors. Vs. Upadrista R ...
Court: Andhra Pradesh
Decided on: Nov-19-2002
Reported in: 2002(6)ALD754; 2003(1)ALT17; (2003)ILLJ1139AP
S.R. Nayak, J.1. The Management of Sri Visakha Grameena Bank and its authorities being aggrieved by the order of the learned single Judge dated 11.7.2000 in WP No. 19208 of 1994 have preferred this writ appeal. WP No. 19208 of 1994 was filed by the respondent herein calling in question the validity of the disciplinary proceedings and the ultimate disciplinary measure taken against him by the management of the bank.2. The learned single Judge by the order impugned in this writ appeal, allowed the writ petition and quashed the disciplinary proceedings and directed the management of the bank to reinstate the 1st respondent-petitioner with continuity of service while denying back wages. Hence this writ appeal by the management of the bank.3. The relevant facts leading to the filing of the writ petition may briefly be noted as follows: The 1st respondent while serving as Clerk-cum-Cashier at Garbham Branch, two charge memos dated 16.10.1990 and 9.4.1991 were issued to him. They read as unde...
M. Laxmi Bai Vs. Commissioner of Police and ors.
Court: Andhra Pradesh
Decided on: Nov-19-2002
Reported in: 2003(1)ALD35; 2003(1)ALT(Cri)181
G. Yethirajulu, J.1. The petitioner being the mother of the person by name Gopal Singh invoked the special jurisdiction of this Court through this writ of habeas corpus praying to direct the respondents to produce her son who is presently detained , in Central Jail, Chenchalguda before this Court and to order his release forthwith after declaring his detention as illegal and void.2. In the affidavit filed in support of the petition the petitioner alleged that the 1st respondent passed an order under Section 3 (2) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (A.P. Act No. 1 of 1986) ('the Act' for brevity) detaining her son Gopal Singh on the ground that he is a 'bootlegger' as defined in clause (b) of Section 2 of the Act and with a view to prevent him from acting in a manner prejudicial to the maintenance of public order in Hyderabad City. According to the petitioner, th...
Thurupu Vasantha Vs. Rudraboina Balamani and ors.
Court: Andhra Pradesh
Decided on: Nov-19-2002
Reported in: 2003(1)ALD271
ORDERL. Narasimha Reddy, J. 1. The two Civil Revision Petitions (CRPs) filed under Section 115 of the Code of Civil Procedure and the two Writ Petitions (WPs) filed under Article 226 of the Constitution of India, arise under similar factual situation and related to the same subject matter. Hence, they are disposed of through a common order.2. The Office of Sarpanch of Ramareddy Village of Sadasivnagar Mandal, Nizamabad District, was reserved in favour of women. The elections were held in November, 2001. The petitioner by name Thurupu Vasantha and two other candidates i.e., Smt. Argonda Hanmavva and Smt. Rudraboina Balamani, contested the elections. The petitioner was declared as elected. One of the unsuccessful candidates, by name Smt. Argonda Hanmavva, filed O.P. No. 1 of 2002 and the other candidate, by name Rudraboina Balamani, filed O.P.No. 2 of 2002, on the file of the Principal Junior Civil Judge-cum-Election Tribunal, at Kamareddy (hereinafter referred to as 'the Election Tribun...
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