D.Swami v. The State Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE NINETH DAY OF FEBRUARY TWO THOUSAND AND SIXTEEN

Present

Between:

D. Swami, S/o. Achanna, Aged about 32 years, Occ: Technical Assistant, (under termination), O/o.MPDO, Rampachodavaram Mandal, East Godavari District, R/o.D.No.1-192, Indukuru Village & Post, Devipatnam Mandal, East Godavari District.

.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj & Rural Development Department, A.P. Secretariat, Hyderabad - 500 022 & 4 others .. Respondents The Court made the following:

ORDER:

The petitioner is a Technical Assistant.

The disciplinary proceedings initiated against the petitioner resulted in order of removal from service by proceedings, dated 08.07.2015. Aggrieved by the same, the petitioner claims to have preferred appeal to the Commissioner, A.P. Rural Development, Hyderabad (4th respondent) on 01.12.2015. Alleging that the appeal is not disposed of till date, this writ petition is filed.

2. Since the petitioner has a right of appeal and has availed the right of appeal by submitting appeal on 01.12.2015, the relief sought for in this writ petition cannot be granted at this stage.

3. However, since appeal is already filed and pending, the Writ Petition is disposed of directing the appellate authority i.e., the Commissioner, A.P. Rural Development, Hyderabad (4th respondent) to pass orders on the appeal filed by the petitioner on 01.12.2015, as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

_____________________ P.NAVEEN RAO, J

Date: 9th February, 2016 KL Date: 9th February, 2016 KL