D. Malsoor, v. The Regional Manager, Ts Rtc, Khammam Region,

HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.23018 of 2016 ORDER:

1.

The petitioner was initially appointed as a driver in the year 1990 and his services were regularized in the same cadre in the year 1993. At present, he is working in the 2nd respondent depot. While so, the petitioner was issued with a charge sheet on 18.12.2013 and he submitted his explanation. However, without conducting any enquiry when an order postponing the annual grade increment for a period of six months was passed on 07.02.2014, the petitioner filed the present writ petition.

2.

Even after granting three adjournments, no counter-affidavit is filed by the respondents.

3.

However, a perusal of the impugned order dated 07.02.2014 shows that an appeal lies to the Deputy Chief Traffic Manager, Khammam, within two months from the date of receipt of the order. But, the petitioner has not availed that appellate remedy and 30 months time has elapsed already.

4.

However, in view of the availability of alternative remedy, the delay in filing the appeal is condoned and the petitioner is given liberty to file an appeal to the competent authority within two weeks from the date of receipt of a copy of this order. As and when the appeal is received, the competent authority shall consider and dispose of the same within a period of three months thereafter.

5.

The Writ Petition is accordingly disposed of. No order as to costs. Miscellaneous petitions, if any, pending shall stand closed. ______________________________ A.RAMALINGESWARA RAO, J 06-09-2016 Gsn