S.Devender S/O Suryanarayana, v. The A.P. State Housing Corporation Limited,

HON'BLE SRI JUSTICE R.KANTHA RAO W.P.No.33864 OF 2015

ORDER

This writ petition is filed seeking to declare the proceedings dated 01.08.2015 issued by the 1st respondent and consequential proceedings issued by the 3rd respondent as arbitrary and illegal.

Based on certain charges alleging misappropriation of funds, an enquiry was held against the petitioner, who was a Work Inspector, Mandal Incharge (Housing), Gudur Mandal, Warangal District and the Enquiry Officer submitted his report. Thereafter, a show cause notice was issued to the petitioner proposing to impose penalty on him, for which, he submitted his explanation stating that no documents have been furnished to him in the course of enquiry in spite of his repeated requests and the enquiry was not conducted under CCA Rules.

Subsequently, the disciplinary authority passed the impugned order imposing major punishment of stoppage of three annual increments with cumulative effect besides recovery of an amount of Rs.4,34,320/-. Challenging the said order, the present writ petition has been preferred.

Learned counsel appearing for the petitioner

submits that the petitioner preferred an appeal along with stay petition before the 6th respondent, but so far no orders have been passed either on the appeal or in the stay petition.

Since the appeal is pending before the 6th respondent, the Writ Petition is disposed of directing the 6th respondent-appellate authority to dispose of the appeal within a period of three months from the date of receipt of a copy of this order. However, it is further directed that the 3rd respondent shall not effect any recovery pursuant to the impugned order till the disposal of the appeal by the appellate authority. No costs.

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

__________________________ JUSTICE R.KANTHA RAO 14th October, 2015 rkk