P.Pentaiah, v. Telangana State Housing Corporation Ltd.,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.26606 OF 2017 ORDER:

This writ petition is filed challenging the proceedings dated 01.08.2017 issued by the 2nd respondent dismissing the petitioner from service, who is working as Attender in the respondent Corporation.

Learned counsel for the petitioner pointing out Annexure III of the Andhra Pradesh State Housing Corporation Limited Classifications, Control and Appeal Rules, 1997 (for short 'the Rules, 1997') submits that the competent authority for passing dismissal orders against Class IV employees of the respondent Corporation is the Managing Director, but, the impugned order is passed by the District Collector/ED, Nalgonda, without jurisdiction and without conducting enquiry.

Heard Sri C.Buchi Reddy, learned Standing Counsel for the respondent Corporation.

A perusal of Annexure III of the Rules, 1997 show that Managing Direction of the respondent Corporation is the competent authority for passing dismissal order against Class IV employees i.e. Attenders/Watchmen/sweeper.

In view of the same, since the impugned order is passed by the District Collector/ED, Nalgonda, is without any jurisdiction, the impugned order is set aside. However, this will not preclude the

competent authority from taking appropriate action after following due procedure envisaged under the Rules, 1997. Accordingly, the writ petition is allowed. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

___________________________ A.RAJASHEKER REDDY,J 16.08.2017 tk