G. Narmada v. State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.10810 of 2017 DATED :27.03.2017 Between :

G. Narmada W/o.K.Srinivas Reddy, Aged 38 yrs, R/o.Dharmapur Village, Ganded Mandal, Mahboobnagar District.

..

Petitioner And State of Telangana, Rep., by its Principal Secretary, Education Department, Telangana Secretariat, Hyderabad & others.

.. Respondents This court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.10810 of 2017 ORDER :

Petitioner is aggrieved by the order dated 16.02.2017 passed by the District Educational Officer, Ranga Reddy removing the petitioner from service. Against the order of District Educational Officer imposing punishment, appeal shall lie to the next higher authority under Rule 33 of the Andhra Pradesh Civil Services (CCA) Rules, 1991 (for short 'the CCA Rules'). The remedy provided under Rule 33 of the CCA Rules is an effective and efficacious remedy. Without availing the said remedy, this writ petition is filed. There is no averment in the affidavit filed in support of the writ petition as to why petitioner has not availed the remedy of appeal provided under the CCA Rules, except for contending that he has no other effective, efficacious and alternative remedy. 2.

Since the petitioner has an effective and efficacious remedy under Rule 33 of the CCA Rules, this Court is not inclined to entertain the writ petition.

3.

Accordingly, the Writ Petition is dismissed, leaving it open to the petitioner to avail the remedy of appeal. However, dismissal of the writ petition is only on the ground of not availing alternative remedy. Petitioner is entitled to raise all contentions as urged in this writ petition in the appeal and the appellate authority shall consider the same objectively in the appeal as and when filed by the petitioner. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 27th March, 2017 Rds