GOVERNMENT OF A P Vs. V APPALA SWAMY

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal is directed against a judgment and order dated 28.2.2005 passed by a Division Bench of the High Court of Andhra Pradesh at Hyderabad, in Writ Petition No. 9412/1998 questioning the correctness of the judgment and order dated 17.4.2003 passed by the Andhra Pradesh Administrative Tribunal in O.A.No. 4866/ 2001 and C.A. No.758/2001.

(3.) BY reason of its order dated 17.4.2003., the Andhra Pradesh Administrative Tribunal directed the State to conclude the departmental proceeding within a period of three months. The said order came to be questioned by the respondent herein before the High Court. In the meantime, a recovery proceeding was also initiated against him. The correctness or validity of the said recovery proceeding was also questioned by the respondent before the High Court. The High Court by its order dated 16.2.2005 passed in Writ Petition No. 110/2005, directed the third appellant herein to be personally present in Court and explain the reasons as to why the amount of pension payable to the respondent herein had not been paid despite the earlier directions of the High Court. The original respondent No. 3 (appellant No. 3 herein) submitted his explanation. However, by reason of the impugned judgment the High Court, on the premise that the pension payable to the respondent has illegally been withheld for a long time, directed :