THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.838 of 2004 Between: The Depot Manager, Hyderabad and others .... PETITIONER(S) AND Hayath Khan and another and others .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.838 of 2004 ORDER: (per HON'BLE SRI JUSTICE GHULAM MOHAMMED) The first respondent herein filed Writ Petition assailing the memo dated 12- 4-2003 to place him under suspension pending enquiry on the ground that the writ petitioner allegedly produced a fraudulent degree certificate for obtaining employment. The memo dated 12-4-2003 was issued by the authority in purported exercise of powers under Regulation 11 of the A.P.S.E.B. Discipline and Appeal Regulations. The ground on which the writ petitioner assailed the impugned memo is that the competent authority to place him under suspension in terms of the APSEB Discipline and Appeal Regulations, is the Assistant Accounts Officer and not the 1st respondent-Chairman and Managing Director. The learned single Judge of this Court considering the circumstances of the case held that the provisions of Regualtion 7(e) do not sanctify or legitimize the exercise of the power by the 1st respondent placing the writ petitioner under suspension pending enquiry and therefore set aside the impugned memo as having been passed by an incompetent authority. It is now brought to our notice that subsequently enquiry was concluded and that the competent authority passed an order dismissing the writ petitioner from service. When once the disciplinary authority has passed the order dismissing the writ petitioner from service, in our view, fresh cause of action arises to be considered in appropriate forum. Hence, we do not see any ground to entertain the writ appeal. The Writ Appeal is accordingly closed. No costs. The Writ Appeal is accordingly closed. No costs. ______________________ GHULAM MOHAMMED, J. __________________ SANJAY KUMAR, J. KK/12-10-2011 THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.838 of 2004 12-10-2011