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High Court for State of TelanganaWP/2331/2017dismissed no costs

I.Nagaraju, v. The Commissioner,

2017-01-25P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.2331 OF 2017 Dated:25.01.2017 Between:

I. Nagarju, S/o. Komuraiah, Aged about 46 years, Occ: Waterman, O/o. Government Ayurvedic Teaching Hospital, Warangal District .. Petitioner And The Commissioner, Department of Ayush, Telangana State at Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.2331 OF 2017 ORDER:

Heard. With the consent of learned counsel for the parties, this Writ Petition is being disposed of at the stage of admission. 2.

The petitioner is working as Waterman in Government Ayurvedic Teaching Hospital, Warangal. Being aggrieved by the order of suspension, dated 04.01.2017, the petitioner filed this Writ Petition.

3.

It is not in dispute that the Commissioner, Department of Ayush, the 1st respondent, is the competent authority to place the petitioner under suspension and against the order of suspension, appeal lies to the next higher authority under Rule 33 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 (for short, 'the Rules'). 4.

Since departmental remedy is available to the petitioner against the order of suspension, this Court is not inclined to entertain the Writ Petition at this stage and the same is liable to be dismissed.

5.

The Writ Petition is, accordingly, dismissed leaving it open to the petitioner to avail the remedy of appeal provided under Rule 33 of the Rules. It is needless to observe that if appeal is filed, the appellate authority shall consider and dispose of the same as expeditiously as possible, preferably within a period of six

weeks from the date of receipt of such appeal. There shall be no order as to costs.

Miscellaneous petitions, if any, filed in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:25.01.2017 Note:- Furnish C.C. in three days.

(B/o) KH