IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 26583 of 2008 Between: V.V. Basaveswara Rao, Ex-Chief Executive Officer, S/o. Dhrama Venkata Subba Rao, R/o. Sourthern Street, Eluru, The Eluru Cooperative Urban Bank Ltd. Southern Street, W.G. District. ..... PETITIONER AND 1 The Commissioner and Registrar of Co-operative Societies, Opp., Gandhi Bhavan, Hyderabad. 2 The Managing Committee of the Eluru Cooperative, Urban Bank Ltd. No. 1356, Eluru, West Godavari District. 3 The Staff Committee of the Eluru Cooperative, Urban Bank Ltd. Eluru, Rep by its Chairman, Eluru, West Godavari 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 a writ or order or direction in the nature of writ of mandamus declaring the action of the 2nd respondent not disposing off the appeal dated 1-9- 2008 against the dismissal order dated 31-7-2008 of the 3rd respondent is illegal, arbitrary, violation of principles of natural justice and consequently directing the 1 & 2 respondents to reinstating the petitioner into service by dispose off the appeal dated 5-9-2008 of the petitioner and to pass Counsel for the Petitioner: MR.NARAM.NAGESWARA RAO Counsel for the Respondents: GP FOR COOPERATION The Court made the following : ORDER: The petitioner filed this writ petition for issuance of Writ of Mandamus declaring the action of the Managing Committee of the Eluru Cooperative Urban Bank Ltd.-the second respondent herein in not disposing of the appeal filed by him dated 1.09.2008 against the dismissal order dated 31.07.2008 passed by the third respondent, as illegal and arbitrary. Heard learned counsel for the petitioner and learned Government Pleader for Cooperation. It is stated that initially the petitioner has been recruited as an accountant in the month of October 1985 and worked for five years in the Eluru Cooperative Urban Bank Limited. Subsequently he was promoted as a Manager and thereafter as Chief Executive Officer in the year 1996 and since then he worked in various cadres. While so, on 9.07.2007, the third respondent-the Staff Committee of the Eluru Cooperative Urban Bank Ltd., issued show cause notice to the petitioner framing four charges against him, for which the petitioner submitted his explanation on 12.07.2007. Thereafter the third respondent again issued memo dated 14.07.2007 framing four charges Accordingly, the petitioner submitted his explanation on 16.07.2007, and basing upon the enquiry report dated 5.07.2008, the third respondent issued dismissal order dated 31.07.2008. Aggrieved by the same, the petitioner filed an appeal dated 1.09.2008 before the second respondent and the same is still pending. The grievance of the petitioner is that the representations submitted by the petitioner, dated 6.11.2008 and 12.11.2008 to the respondents to dispose of the appeal also remained unattended. Hence, he filed the present writ petition. In view of the fact that the appeal filed by the petitioner on 1.09.2008 before the second respondent is still pending, without going into the merits of the matter, the writ petition is disposed of directing the second respondent, who is the appellate authority, to dispose of the appeal filed by the petitioner, if not already disposed of, as expeditiously as possible. ________________ (N.V.RAMANA, J.) 5th December, 2008 Js/Msv