Yaganti Babu Rajeswara Rao v. The State Of Andhra Pradesh, Secondary Education

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 42154 of 2017 Order:

The petitioner was appointed as B.Ed (Science) Assistant on 12.11.1987 and was posted at Lords High School at Bongaralabedu of Guntur. Later on, he was transferred from one High School to another High School on administrative reasons. He was placed under suspension on 29.12.2014 and a departmental enquiry was conducted in respect of the allegations levelled against him. An order of dismissal was passed on 27.01.2017 and challenging the same, he preferred an appeal to the second respondent. The second respondent confirmed the order of dismissal by his order dated 22.08.2017 and the petitioner now states that he preferred second appeal under Section 81 read with Section 89 of the Andhra Pradesh Education Act, 1982 before the first respondent on 21.09.2017. When the said appeal was not disposed of, he filed the present Writ Petition.

Since a statutory appeal is pending before the first respondent, this Court is not inclined to entertain the present Writ Petition, but disposes of the same with a direction to the first respondent to consider the appeal alleged to have been preferred by the petitioner on 21.09.2017 within a period of three months from the date of receipt of a copy of this order. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

___________________________ A. RAMALI NGESWARA RAO, J Date: 12.12.2017 Nsr