B. BHADRAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) W.P.No. 21919 of 2017 is filed by the applicant in O.A.No. 5322 of 2012 feeling aggrieved by the inaction of the respondent in implementing order dated 04-02-2016 passed by the Andhra Pradesh Administrative Tribunal at Hyderabad (for short, 'the Tribunal') in the said O.A. W.P.No. 29994 of 2017 is filed by the respondents in the said O.A. assailing the aforementioned order, the enforcement for which W.P.No. 21919 of 2017 is filed. Therefore, they are heard and disposed of together by common order.

(2.) For convenience, the parties are referred to as they are arrayed in W.P.No. 21919 of 2017. The petitioner at the relevant time was working as Police Constable. A charge memo was issued to him on 23-12-1998 which reads as follows:

(3.) As could be seen from the above narrated facts, the petitioner was unsuccessful in the appeal and revision filed by him. After the first mercy petition was returned as far back as 30-05-2003, the petitioner appeared to have given up and accordingly kept quiet. Suddenly 8 years thereafter, he made a fresh attempt obviously to create a cause of action by filing another mercy petition. After return of the said mercy petition, he has approached the Tribunal. Under Sec. 21 of the Andhra Pradesh Administrative Tribunals Act, 1985 (for short, 'the Act'), there is a bar on the Tribunal admitting an application if the same is not filed within one year from the date on which a final order, as mentioned in clause (a) of sub-section (2) of Sec. 20 of the Act, was made and in a case where an appeal or representation as mentioned in clause (b) of sub-section (2) of Sec. 20 of the Act was pending, wherein a final order was not passed, if the application is not filed within one year after the expiry of six months from filing of such appeal or representation. Under clause (a) of sub-section (2) of Sec. 20 of the Act, a person shall be deemed to have availed of all the remedies available to him under the relevant service rules as to redressal of grievances if a final order has been made by the Government or other authority or officer or other person competent to pass such order under such rules, rejecting any appeal preferred or representation made by such person in connection with the grievance. Thus, the limitation of one year for filing an application before the Tribunal would commence from the date of passing of final order rejecting any appeal preferred or representation made under the rules in connection with the grievance.