IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 22648 of 1998 Between: B.Kalidas, S/o. B.Narayana Swamy, H.No. 28/215, Boyya Street, Old Town, Ananthapur District. ..... PETITIONER AND 1 The Managing Director, APDDCF Ltd., Lalapet, Hyderabad. 2 The Deputy Director, Anantapur Milk Shed, Ananthapur District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order, direction or writ i) declaring the action of the 2nd respondent in issuing the proceedings No.10338/Admn.IV/DC-3/91, dated 17/07/1998 as illegal, arbitrary and unjust and ii) consequently direct the respondents to continue the petitioner in the post of Field Supervisor and further direct the respondents not to recover Rs.2,76,017=70 ps from the petitioner. Counsel for the Petitioner : MR V.Vishwanatham Counsel for the respondents: Mr. N.Rajeswara Rao, SC for APDDCF. The Court Made the Following: ORAL ORDER: 1 . This writ petition is filed questioning the reversion of the petitioner and recovery of an amount of Rs.2,76,017=70 ps from the petitioner as a result of disciplinary proceedings. 2. Admittedly there is an effective and alternative remedy by way of an appeal to the Board of the respondent – Federation which the petitioner has not availed and directly filed this writ petition. Therefore, I am of the view that the writ petition cannot be decided without going into the facts of the case which is not permissible at this stage. Therefore, the writ petition is disposed of directing the petitioner to avail of the appellate remedy by way of filing an appeal before the Board within four weeks from today and on such appeal being filed by the petitioner, the same shall be entertained by the Board without taking any objection as to limitation, etc., and the same shall be disposed of within a period of two months from the date of presentation of the appeal. However, during the pendency of the appeal, it is directed that the recovery sought to be effected in the impugned order shall not be given effect to. No costs. _______________ C.V. RAMULU. J., Dated: 19.11.2004. VRK. To 1 The Managing Director, APDDCF Ltd., Lalapet, Hyderabad. 2 The Deputy Director, Anantapur Milk Shed, Ananthapur District. 3. Two CD copies.