THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.16428 of 2011 ORDER: The petitioner was working as a Sub-Engineer in the A.P. Power Generation Corporation Limited, 1st respondent herein. Disciplinary proceedings were initiated against him, on the ground that he remained absent unauthorisedly. Through proceedings, dated 14.03.2011, the Chief General Manager, 2nd respondent herein removed the petitioner from service. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The principal ground urged by the petitioner is that the charges against him were framed by the enquiry officer and that the same is contrary to law. Reliance is placed upon the judgment, dated 13.04.2005 rendered by a Division Bench of this Court in W.A.No.491 of 2005. Another ground is that the appellate authority itself has passed the order bypassing the appointing authority. In W.A.No.491 of 2005, this Court examined the relevant Service Regulations, that are framed by the erstwhile A.P.S.E.B. and as are adopted by the organisations that came into existence after re-organisation. The 1st respondent is one such branch. It was held that the framing of the charges is the prerogative of the appointment/disciplinary authority and the necessity to appoint an enquiry officer would arise, only when an explanation is filed denying the charges. In the instant case, the enquiry officer was appointed without there being any show cause notice or charge sheet to the petitioner and the enquiry officer himself framed the charges. On this short ground, the writ petition is allowed and the impugned order is set aside. It is however left open to the respondents to take necessary steps in accordance with law. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY, J Dt:21.09.2011 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.16428 of 2011 Date: 21.09.2011 JSU