Sri P. Siva Lingappa , v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE R.KANTHA RAO W.P.No.27005 of 2015 ORDER:

Heard learned counsel on either side.

This writ petition is filed seeking to declare the order dated 26.11.2014 passed by the 3rd respondent in terminating the petitioner as arbitrary and illegal.

The petitioner was appointed as Field Assi st ant , Jambulabanda village, Gudibanda Mandal, Anantapur District. While so, vide final order dated 26.11.2014, the 3rd respondent terminated the petitioner from service.

Learned counsel appearing for the petitioner submits that the services of the petitioner were terminated without any show cause notice and without affording any opportunity to submit his explanation and thereby, violated the principles of natural justice.

On the other hand, learned Special Standing Counsel appearing for the respondents submits that show cause notice was issued to the petitioner with specific charges, for which, he admits the amount allegedly misappropriated and therefore, there is no force in the submissions put forth by the learned

counsel appearing for the petitioner.

It seems, the matter requires re-appraisal of evidence. The petitioner ought to have availed the remedy of appeal, which is an efficacious alternative remedy available under law.

Accordingly, the Writ Petition is disposed of directing the petitioner to file an appeal before the second respondent, who, in turn, is directed to entertain the appeal, not withstanding any delay occurred in filing it and dispose of the same within a period of eight weeks from the date of receipt of a copy of this order. No order as to costs.

The Miscellaneous Petitions, if any, pending in this writ petition stand closed.

_________________________ JUSTICE R.KANTHA RAO 25h August, 2015 rkk