COMMISSIONER OF POLICE Vs. SYED HUSSAIN

JUDGEMENT

(1.) This appeal is directed against the order dated 7-8-2003 passed by the Division Bench of the High Court of judicature of Andhra Pradesh at hyderabad in Writ Petition No. 15966/2003 whereby and whereunder the Writ petition filed by the respondent herein against a judgment and order dated 22-4-2003 passed by the Andhra Pradesh Administrative Tribunal at Hyderabad in O. A. No. 6884/2002 was allowed in part.

(2.) The respondent was a police constable. He stood as surety to one Ahmed Qureshi. The said person was accused in 32 cases involving snatching of goods from other persons.

(3.) The alleged misconduct on the part of the respondent was admitted. A departmental proceeding was initiated against him and upon return of verdict of guilt by the inquiry officer, the respondent was directed to be removed from service by the disciplinary Authority. The respondent filed an Original Application before the andhra Pradesh Administrative Tribunal questioning the said order. The Tribunal considered the matter in depth and opined that there was no merit in the said application. The Tribunal noticed that the inquiry officer in his report arrived at a finding of fact that the respondent herein knew fully well that the said Ahmed Qureshi was involved in a series of snatching cases. It was also noticed that the respondent had been attending the Court in the said cases. It further noticed that the police officer who was cross-examined as prosecution witness also stated that the respondent aided several other criminals in the city in securing bails from the Courts.