K SESHASAILA PRABHU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is directed against an order dated 17-1-2001 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (hereinafter referred to as 'the Tribunal' for the sake of brevity) in O.A. No. 123 of 2001 whereby and whereunder the following interim relief had been granted:

(2.) On a bare perusal of the impugned order it would appear that the learned Tribunal ex parte went into the merit of the matter and arrived at findings of fact without giving an opportunity of hearing to the petitioner as regards the merit of the case. We do not intend to make any observations as regards the merit of the matter, although the learned Counsel for the parties took us to various G.Os. including G.O.Ms.No. 55 and G.O.Ms. No. 72.

(3.) Suffice it to point out that even before the learned Tribunal the respondents herein apprehended that the petitioner is likely to be considered for further promotion in preference to them, having regard to the seniority list, but, by reason of the order impugned in the writ petition, a larger relie has been granted. Further more, in a case of this nature, the Tribunal should bear in mind the dicta of the Apex Court in Morgan Stanley Mutual Fund vs. Kartick Das1 wherein it has been held: