P. Kannaiah, v. The State Of Andhra Pradesh, Rep. By Principal Secretary

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE N. BALAYOGI WRI T PETI TI ON No. 1478 of 2017 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) The petitioner is the applicant in O.A.No.228 of 2015 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. By way of the said O.A., he challenged the proceedings dated 28.03.2014 of the Superintendent of Police, Urban Police District, Tirupati, Chittoor District, removing him from the Home Guards Organization. By order dated 24.09.2015, the Tribunal dismissed the O.A. taking note of the fact that the applicant had not chosen to file an appeal against his removal order in spite of being informed of the said remedy available to him. It is now stated before us that on 08.08.2016 the petitioner filed an appeal against the removal order dated 28.03.

2014 before the Additional Director General of Police, Home Guards, Chittoor, and the Inspector General of Police, Home Guards, Andhra Pradesh. As the petitioner has now chosen to invoke the appeal remedy, we are of the opinion that entertainment of this writ petition is not warranted. It is for the petitioner to pursue the appeal remedy in accordance with law.

The writ petition is accordingly closed permitting the petitioner to pursue the appeal remedy. Needless to state, the appellate authority shall consider the said appeal on its own merits in accordance with law uninfluenced by the dismissal of O.A.No.228 of 2015. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

______________________ SANJAY KUMAR, J ______________________ N. BALAYOGI , J Date: 07.02.2017 va