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Andhra Pradesh Court July 2012 Judgments

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Jul 19 2012

D.R.K. Raju Vs. the Industrial Tribunal-cum-labour Court and Another

Court: Andhra Pradesh

Decided on: Jul-19-2012

(Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ order or direction more particularly one in the nature of Writ of Certiorari and after calling for the records in I.D.No.117/1993 on the file of the Hon’ble 1st respondent in so far confirming the termination order is illegal arbitrary and unjust, and consequently quash the award by granting reinstatement of service, back wages and all other attendant benefits.) The petitioner was employed as a Conductor in the A.P.S.R.T.C. In 1992 he was working in the Khammam Depot. On 18-08-1992 he was entrusted with the duty, to conduct a service from Khammam to Thimmaraopet. A check was effected after stage No.1. It was found that the petitioner collected a sum of Rs.5.50 ps., each, from five individual passengers and issued tickets of the denomination of Rs.5.50 ps., each. The said tickets were found to be totally unc...


Jul 19 2012

Sri M. Balaswamy Vs. Andhra Pradesh State Road Transport Corp

Court: Andhra Pradesh

Decided on: Jul-19-2012

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P. No. 14571 o19. 07.2012 Sri M. Balaswamy Andhra Pradesh State Road Transport Corporation rep. by its Managing Director, Musheerabad, Hyderabad. & others Counsel for the petitioner: Sri A.K. Jayaprakash Rao Counsel for the respondents: Sri H. Venugopal HEAD NOTE: Cases referred ORDER : The petitioner was employed as a conductor with the 1st respondent Andhra Pradesh State Road Transport Corporation. While he was conducting a bus plying from Wanaparthy to Kethepalli via Panagal on 18.08.1996, a cheque was conducted on the said bus at stage No.8, Panagal. The Travelling Ticket Inspectors have noticed certain irregularities committed by the petitioner. Importantly, they noticed that the petitioner has not punched the three tickets bearing Nos. 197/799, 468-471 of Rs.2/- denomination. They have also noticed that the writ petitioner has not closed the statistical return (SR) with regard to the tickets of Rs.2/- denomination, while he clos...


Jul 18 2012

N. Kumara Swamy Vs. Uco Bank, Rep. by Its Chairman and Managing Direct ...

Court: Andhra Pradesh

Decided on: Jul-18-2012

COMMON ORDER: 1. Both these matters are heard together and are being disposed of by this common order. 2. Petitioner was working as General Manger, Recovery, Credit Monitoring and E-Business Department under the first respondent bank at Kolkata on the date of filing of the writ petition. Petitioner was due to retire on superannuation on 31.01.2012. A few days before his superannuation, he was served with show cause notice dated 14.01.2012 followed by another show cause notice dated 24.01.2012 calling upon him to explain the various irregularities, violations and allegations appearing against him whereby allegedly the respondent bank was put to enormous financial risk. The said show cause notices were questioned by petitioner in this writ petition, which was filed on 30.01.2012 and on the same day, this Court while issuing notice before admission passed the following interim order: ”In the circumstances, the petitioner is directed to submit his explanation to the impugned notices ...


Jul 18 2012

P. Subhash Vs. the State of A.P. Rep. by Its Principal Secretary Reven ...

Court: Andhra Pradesh

Decided on: Jul-18-2012

Pinaki Chandra Ghose, ACJ. Challenge in these public interest litigation cases is to the Andhra Pradesh Excise (Grant of Licence of selling by shop and conditions of licence) Rules, 2012 made by the Government of Andhra Pradesh vide G.O.Ms.No.391, Revenue (Ex.II) Department, dated 18.6.2012. Therefore, all the three cases were heard together and are disposed of by this common order. Before proceeding to deal with the issue in question, the facts in each of the petitions may be noted. PIL No.223 of 2012 2. The Government of Andhra Pradesh formulated a new Excise Policy in relation to disposal of retail liquor shops during the Excise Year 2012-13. In pursuance of the said policy, the Government issued the Andhra Pradesh Excise (Grant of Licence of selling by shop and conditions of licence) Rules, 2012 (hereinafter referred to as ‘the Rules’) in supersession of the earlier rules issued in 2005. In this writ petition, the petitioner, who is a practising advocate, has challenged...


Jul 18 2012

Karri Bhaskara Rao Vs. the District Collector and Others

Court: Andhra Pradesh

Decided on: Jul-18-2012

Reported in: 2012(5)ALD766

(Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ order or direction directing the order passed by the 1st respondent in RP.No.6/2007/CSR-7 dated 01.12.2007 as arbitrary, illegal, and unconstitutional and consequently direct the respondents to continue the petitioner as Fair price shop dealer of Vadlapudi village, Shop No.309, Circle-III Ward No.28 Visakhapatnam.) 1)   Order of the District Collector, Visakhapatnam, the 1st Respondent herein, dated 01-12-2007 passed in R.P.No.6/2007/CSR-7, setting aside the appointment of the petitioner as a fair price shop dealer, is challenged in this Writ Petition. Appointment has been set aside on the ground that the petitioner is the son of a Central Government employee and it is a disqualification as per the guidelines issued by the State Government in G.O.Ms.No.53, Con...


Jul 18 2012

G. Prabhakar and Others Vs. Collector (Civil Supplies), Karimnagar Dis ...

Court: Andhra Pradesh

Decided on: Jul-18-2012

Reported in: 2012(5)ALD731

(Petition under Article 226 of the Constitution of India, praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus setting aside the impugned orders in proceedings No.F/809/2012 dated 11-07-2012 issued by the 2nd respondent as illegal, arbitrary and unconstitutional and consequently direct the respondents herein in continue the petitioners as Fair Price Shop dealers and allot the scheduled commodities every month.) This Writ Petition is filed for a Mandamus to set aside the orders in proceedings No.F/809/2012 of respondent No.2. The petitioners are fair price shop dealers of Sircilla Town, Karimnagar District. On certain allegations levelled against them regarding the improper distribution of essential commodities, respondent No.1 directed respondent No.2 to initiate appropriate action against them. Accordingly, respondent No.2 issued separate but ide...


Jul 18 2012

K. Brahmaiah Vs. the Commissioner, Endowment Department, Government of ...

Court: Andhra Pradesh

Decided on: Jul-18-2012

(Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased issue an appropriate Writ order or direction more particularly a Writ of Mandamus and declare the action of the first respondent herein rejecting the claim of the petitioner for appointment on compassionate grounds in his proceedings in Rc.No.B1/20912/2010, dt. 19.12.2011, as illegal, arbitrary, violative of Articles 14 and 21 of the Constitution of India and also contrary to G.O.Ms.No.1357 Revenue (Endowments.1) Department, dt. 18.7.2011 and Memo. No.38576/Endts-I(1)/2011, dt. 15.11.2011 and grant the consequential relief by declaring that the petitioner is eligible to be considered under the said G.O. and Memo for compassionate appointment in second respondent devasthanam and issue any other appropriate writ, order or direction as this Hon’ble Court may be pleased to deem fit and proper.) Undaunted by yet another rejec...


Jul 18 2012

The Union of India, Rep. by General Manger, South Central Railway, Sec ...

Court: Andhra Pradesh

Decided on: Jul-18-2012

1. Union of India through General Manager, South Central Railway, is in appeal against the order of Railway Claims Tribunal, Secunderabad, in O.A.A.No.130 of 2007, dated 30.03.2011. 2. Under the aforesaid award, the Railway Claims Tribunal considered the claim of respondents for compensation of Rs.4,00,000/- with interest on account of the death of the husband of first claimant late S.Janaki Ramaiah. It is alleged that he was a Railway Protection Force Constable deputed to Bapatla and while on return to Vijayawada, by train No.7480, Tirupati-Puri Express, he accidentally fell down from the train on Platform No.3 at Bapatla Station on 13.03.2007 and died. 3. The appellant-Railways while denying the averments in the claim petition stated that the deceased fell down while trying to board the train from the off-side and as such it is a self-inflicted injury. They also stated that the ex gratia of Rs.5,00,000/- was paid on account of the death while on duty and enhanced ex gratia compensati...


Jul 18 2012

The Chief Secretary, G.A.D., Secretariat and Others Vs. Malik and Othe ...

Court: Andhra Pradesh

Decided on: Jul-18-2012

Common Judgment: Writ Appeal Nos.1159 to 1166 of 2009 are filed by the State of Andhra Pradesh (the ‘State’); Writ Appeal Nos.1306 to 1313 of 2009 are by the Hyderabad Metropolitan Development Authority (HMDA) and W.P.No.29063 of 2009 is by five individuals. The eight appeals each filed by the State and the HMDA are against the common judgment dated 02-06-2009 in W.P.Nos.3421 of 2008, 12928 of 2008, 3750 of 2009, 22619 of 2007, 7747 of 2008, 10084 of 2006, 8761 of 2008 and 6425 of 2009; and the writ petition is by five individuals challenging memo No.1640/J.A1/03-09, Revenue Department, dated 21-05-2005 (the ‘impugned memo’), passed by the Principal Secretary (Revenue) of the State. It is this memo which was set aside by the learned single Judge, against which the sixteen (16) appeals are preferred. Several individuals filed eight writ petitions challenging the validity of the memo dated 21-05-2005 and in two of the writ petitions (W.P.Nos.22619 of 2007 and 7747...


Jul 18 2012

G.Prabhakar and 14 Others. Vs. Collector (Civil Supplies),karimnagar D ...

Court: Andhra Pradesh

Decided on: Jul-18-2012

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.21602 o18. 7-2012 G.Prabhakar and 14 others. Collector (Civil Supplies),Karimnagar District and 3 others. HEAD NOTE: Counsel for the petitioners: Sri T.Mahender Rao Counsel for the respondents: AGP for Civil Supplies ?CASES REFERRED:1. AIR 196.S.C....


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