C. Narasimha Rao v. Ap Trade Promotion Corporation Ltd.

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE FOURTH DAY OF JANUARY TWO THOUSAND AND SIXTEEN

Present

Between:

C. Narasimha Rao, S/o. Late C. Krishna Murthy, Aged 55 years, R/o. Flat No.102, Varun Vihar, Plot No.751, Defence Colony, Sainikpuri, Secunderabad.

.. Petitioner AND AP Trade Promotion Corporation Ltd., (Formerly APSTC), (An undertaking of Government of A.P.), 5-10-174, 2nd Floor, Shekar Bhavan, Fateh Maidan Road, Hyderabad 500 004, Rep. by its Vice Chairman & Managing Director. .. Respondent The Court made the following:

ORDER:

The petitioner is an employee of the A.P. Trade Promotion Corporation Limited. Disciplinary proceedings initiated against him ended in passing order of dismissal from service, dated 03.01.2015. As per the Service Regulations governing the service conditions of employees of respondent Corporation, against the decision of the Managing Director appeal shall lie to the Board of Directors of the respondent Corporation. However, alleging that the principles of natural justice were violated while taking the disciplinary action and imposing the grave punishment of dismissal from service, this writ petition is filed without availing the remedy of appeal.

2.

However, subsequent to the institution of the writ petition, the petitioner is now allotted to State of Andhra Pradesh. The learned Senior Counsel for the petitioner submits that the amounts which were the issue for taking the disciplinary action were actually credited by the distributor.

3. Learned Senior Counsel submitted that having regard to the subsequent developments, the petitioner now intends to pursue the remedy of appeal and, accordingly, he filed appeal on 04.11.2015 and the said appeal is pending. According to the

learned Senior Counsel, the Board is likely to meet shortly and a direction be issued to dispose of his appeal.

4. Learned Standing Counsel representing the respondent Corporation states that he has no objection if the writ petition is disposed of directing to pass orders on the appeal filed by the petitioner.

5. Having regard to the submissions made, the Writ Petition is disposed of directing the appellate authority, i.e., the Board of Directors of the respondent Corporation to consider the appeal filed by the petitioner on 04.11.2015 and pass appropriate orders, as warranted by law, as expeditiously as possible, preferably within a period of two (2) months. 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: 4th January, 2016 KL

Date: 4th January, 2016

KL