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High Court for State of TelanganaWP/23897/2015disposed of no costs

Penta Nageswar Rao, v. The State Of Andhra Pradesh

2015-07-31R.Kantha Rao4 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** Writ Petition No.23897 of 2015 Between Penta Nageswar Rao ... Petitioner and The State of A.P., Rep. by its Prl. Secy. to Endowment Dept., Secretariat, Hyderabad;

and 3 others ... Respondents DATE OF JUDGMENT PRONOUNCED: 31-7-2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE R.KANTHA RAO Whether Reporters of Local newspapers may be allowed to see the Judgment?

Yes/No Whether the copies of judgment may be marked to Law Reports/Journals Yes/No Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

Yes/No HON'BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.23897 of 2015 Order:

Heard Sri Venkateshwar Varanasi, learned counsel appearing for the petitioner.

2. The petitioner was a Junior Assistant in the 4th respondent-Temple. A Show Cause Notice was issued

to the petitioner calling for his explanation and thereafter, he was suspended vide order dated 12-8-2013 after framing 10 charges basing on the complaints from two devotees. The petitioner received the charge-memo and submitted his explanation on 28-9-2013.

Thereafter, a departmental enquiry was held against him in which the charges were held proved. The petitioner was dismissed from service by order dated 03-5-2015. Feeling aggrieved, the petitioner filed an appeal before the 2nd respondent-Commissioner, Endowments Department, Hyderabad, which is now pending. The present writ petition is filed to set aside the dismissal order.

3. Since the petitioner availed the alternative remedy of appeal and the same is pending before the 2nd respondent, I am not inclined to examine the merits of the case. Under these circumstances, the writ petition is disposed of at the stage of admission, directing the 2nd respondent-Commissioner of Endowments Department, Hyderabad to hear and dispose of the appeal and pass final orders within a period of 8 (eight) weeks from the date of receipt of a copy of this order. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.

___________________ R.KANTHA RAO, J.

31st July, 2015.

Ak

HON'BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.23897 of 2015

31st July, 2015.

(Ak)