Wp/8723/2005 Of N.srinivas v. The Addl.commissioner Of Income-Tax (Hqrs)(Admn.)

t{,r [ [3318 ]] HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction) THURSDAY ,THE TWENTIETH DAY OF OCTOBERTWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILIANDTHE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 8723 OF 2005 Between: N.Srinivas, S/o N.V.B Ramamurthy, Age 41 years, R/o Plot No.55, VimanNagar Colony, Balamrai, Secunderabad-500 003. ...PETITIONER AND 1. The Addl.Commissioner of lncome{ax (HORSXAdmn ), o/o ChiefCommissioner of lncome-Tax, A.P.HyderabadCommissioner of lncome-Tax, A.P.Hyderabad 2. Chief Commissioner of lncome{ax l, Andhra Pradesh, Aayakar bhavan,L.B.Stadium Road, Basheerbagh Hyderabad-s0O004. ...RES'ONDENTSL.B.Stadium Road, Basheerbagh Hyderabad-s0O004. ...RES'ONDENTS Petition under Arlicle 226 of the Constitutaon of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may becircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a writ or order more so in the nature of writ of mandamus bydeclaring the order of the Addl.Commissioner of income tax o/o CCIT,A.P.Hyderabad vide proceedings F.No.Con.CCS 9(26)/99/93/9344 DATED 1-1 1-2000 removing the petitioner from service as confirmed by the ChiefCommissioner of lncome Tax, A.P.,Hyderabad as arbitrary, illegal andd isproportionate to the charges leveled against the petitioner and set aside thesame including the orders of the Tribunal in O.A.No.1'180 ol 2002 dt.16-12-2004and consequently direct respondents to reinstate the petitioner with immediateeffectdeclaring the order of the Addl.Commissioner of income tax o/o CCIT,A.P.Hyderabad vide proceedings F.No.Con.CCS 9(26)/99/93/9344 DATED 1-1 1-2000 removing the petitioner from service as confirmed by the ChiefCommissioner of lncome Tax, A.P.,Hyderabad as arbitrary, illegal andd isproportionate to the charges leveled against the petitioner and set aside thesame including the orders of the Tribunal in O.A.No.1'180 ol 2002 dt.16-12-2004and consequently direct respondents to reinstate the petitioner with immediateeffect Counsel for the Petitioner: SRl. T. L. KANTHA RAOCounsel for the Respondents: SRl. B. NARASIMHA SARMA,SC FOR INCOME TAX The Court made the following: ORDER \\ THE HON,BLE SRj JUSTICENKUMAR SHAVILIi1AND THE HON'BLE SRT.TUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.8723 of 2OO5 ORDER: (Per the Hon'l e Si Justice Abl Litond Kumar Shauili) When the matter is taker-r up for hearing, it is contended bythe petitioner that the petitioner was working as Upper DivisionClerk (UDC) and he was removed from the service by thedisciplinary authoritl, uide orders dated O 1 . 1 1 .2000 which werealso confirmed by the, appellate authority. Challenging the ordersof removal, petitione r has filecl O.A.No.11BO of 2002 and theTribunal was please d to dismiss the O.A. uide orders dated06.12.2004. Aggrieved by the same, the present writ petition is{i1ed. 2. It has been contended by the petitioner that he wasalso tried by the competent CBI Court in C.C.No.314 of 2O00 andhe was acquitted of the said criminal charge urde orders dated07.05.2003. Aggrieved by the same, Criminal Appeal Nos.30, 31 &35 of 2OO5 were preferred before this Court and this Court waspleased to convict the petitioner uide orders dated 16. 12.2OO4.Aggrieved by the same, the petitioner has approached the Hon,ble \t i - ;I I ATS,J&RRN,JW.P.No.8723 of 2AOS 2 Supreme Court by filing Criminal Appeal Nos.2O2, 203 & 2O4 of2OI2 and the same are pending before the Hon'ble SupremeCourt 3. 2. It has been contended by the petitioner that he wasalso tried by the competent CBI Court in C.C.No.314 of 2O00 andhe was acquitted of the said criminal charge urde orders dated07.05.2003. Aggrieved by the same, Criminal Appeal Nos.30, 31 &35 of 2OO5 were preferred before this Court and this Court waspleased to convict the petitioner uide orders dated 16. 12.2OO4.Aggrieved by the same, the petitioner has approached the Hon,ble \t i - ;I I ATS,J&RRN,JW.P.No.8723 of 2AOS 2 Supreme Court by filing Criminal Appeal Nos.2O2, 203 & 2O4 of2OI2 and the same are pending before the Hon'ble SupremeCourt 3. 3. This Court, having considered the said contentions ofthe petitioner, is of the considered view that as the conviction isstarring at the petitioner and appeals are pending before theHontrle Supreme Court, at this stage, this Court is not inclined tointerfere with the orders passed by the Tribunal. If the petitioneris finally acquitted by the Hon'ble Supreme Court in the CriminalAppeal Nos.202, 2O3 & 2O4 of 2012, then petitioner is at liberty topursue his remedies in accordance with law. 4. With these observations, Writ Petition is accordinglyclosed. There shall be no order as to costs. 5. As a sequel, miscellaneous applications pending, ifin this Writ Petition , shall stand closed. SD/.C. PRAVEEN KUMAR//rRUE coPY// ASSISTANT REGISTRAR ,SECTION __ eW OFFICER [I]/ To, 1. One CC to SRt. T. L. KANTHA RAO, Advocate [OpUC]L. KANTHA RAO, Advocate [OpUC]Advocate [OpUC] T. L. KANTHA RAO, Advocate [OpUC]L. KANTHA RAO, Advocate [OpUC]Advocate [OpUC]3. ? 9ne Two CD copies99 [to SRt. ][B. ] [SARMA, ]navoiale iopucl B IVI HIGH COURT DATED:20110t2022 ORDERWP.No.8723 ol 2005 a+CxrTA)s"lrll,T,t-c's*&os.$:-) [: ]ia CLOSING THE WRIT PETITIONWITHOUT COSTS D Gdr,"?nb},,,