P. KARIMULLA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-

(2.) Brief facts, as averred in the writ petition, are as follows:-

(3.) The respondent Nos. 1 to 4 filed counter-affidavit stating that the 4th respondent imposed a penalty of stoppage of one annual grade increment with cumulative effect was imposed against the petitioner vide Rc. No. 370/2017/A3, dtd. 10/8/2020 for committing grave irregularities during his tenure. The appeal filed by the petitioner was rejected by the Conservator of Forests and Field Director, Project Tiger Circle, Srisailam/Appellate Authority vide Proc. No. 1848/2020/PT.1, dtd. 18/5/2021. Against the said order, the petitioner filed revision before the 2nd respondent and it was also rejected vide Rc. No. 6910/2021/A and DC-1, dtd. 3/1/2022. As per Rule 41 of A.P. Civil Services (Classification, Control and Appeal) Rules, 1991, the Government may exercise the power to review any order passed under these rules only on the reference made by the Head of the Department when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case, has come or has been brought to its notice. But, the petitioner, instead of submitting review petition to the Government, directly filed the present writ petition bypassing the CCA Rules, 1991. Therefore, the writ petition is liable to be dismissed.