Kommu Venkataiah, v. State Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND SIXTEEN

Present

Between:

Kommu Venkataiah, S/o. Pitchaiah, Aged 28 years, Occ: Field Assistant, R/o. Marrivemula Village, Pullalacheruvu Mandal, Prakasam District.

.. Petitioner AND State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj & Rural Development Department, J-Block, 8th Floor, Andhra Pradesh Secretariat, Saifabad, Hyderabad & 3 others .. Respondents The Court made the following:

ORDER:

The petitioner is a Field Assistant. The disciplinary proceedings initiated against him resulted in imposing the punishment of removal from service by proceedings, dated 21.10.2015. Against an order of removal by the Project Director, District Water Management Agency, Prakasam District (3rd respondent), appeal shall lie to the District Collector. Apparently, the petitioner has not filed an appeal so far. It appears the petitioner raised a grievance before the District Collector in a Public Darbar conducted on 16.11.2015. Service grievances cannot be raised in a Public Darbar. An aggrieved party has to avail remedy of appeal as provided by the rules/regulations/orders governing his service conditions, but not by way of raising grievance in a public darbar which appears to be a redress mechanism to general public against administration on civic issues.

2. Having regard to the fact that so far, no appeal is filed, it cannot be held that the appellate authority has not acted upon the grievance of the petitioner. Hence, no relief, as sought for, can be granted at this stage. The writ petition is liable to be dismissed.

3. Accordingly, the Writ Petition is dismissed. However, liberty is granted to prefer appeal if so advised against the order of removal from services, dated 21.10.2015. As and when such an appeal is filed, the appellate authority shall consider and pass orders, 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: 27th January, 2016 KL

Date: 27th January, 2016 KL