HONOURABLE SRI JUSTICE K.C. BHANU WRIT PETITION No.15555 of 2011 Date of Order:10.06.2011 Between: J.Rama Mohana Rao ..Petitioner and The Deputy Chairman, Visakhapatnam port trust and others ..Respondents The Court made the following Order: HONOURABLE SRI JUSTICE K.C. BHANU WRIT PEITTION No.15555 of 2011 ORDER :- This writ petition is filed by the petitioner seeking to issue a writ of Mandamus declaring the inaction of the 1st respondent in passing any order in the appeal preferred by the petitioner on 11.02.2009 as illegal and arbitrary and consequently direct the 1st respondent to pass the order on the appeal, dated 11.02.2009, preferred by the petitioner against the order, dated 12.01.2009, of the 2nd respondent imposing the punishment of compulsory retirement against him, if not already disposed off. 2. The petitioner was working as Foreman B.G.Loco Section in Visakhapatnam Port Trust. On a complaint given by 31 employees, who were drivers and greasers working under the petitioner alleging that the petitioner was harassing them with all threats, the Chief Mechanical Engineer-2nd respondent placed the petitioner under suspension by proceedings No.QCME/E-1/M-I/PC 6730/1061, dated 10.11.2006, with immediate effect pending contemplation of disciplinary proceedings against him. Thereafter, Memorandum of Charges were served on the petitioner vide Memorandum No.QCME/E1/MI/PC 6730/06, dated 03.01.2007, calling for his explanation. The petitioner submitted his explanation on 17.01.2007. As the explanation was not satisfactory, an Enquiry Officer was appointed, who conducted enquiry into the alleged charges and submitted report to the effect that the charges were proved against the petitioner. Thereafter the petitioner submitted his explanation, dated 16.12.2008, to the said Enquiry Report. On receipt of the said explanation, the 2nd respondent issued proceedings No.ICME/MOF/E1/MI/PC6730/25, dated 12.01.2009, imposing punishment of compulsory retirement from port service with effect from the date of issue of the said proceedings. Aggrieved by the said order, the petitioner preferred an appeal on 11.02.2009 before the Deputy Chairman-1st respondent and according to the petitioner the said appeal is pending for the last two years. Hence, the writ petition. 3. Admittedly, the appeal pending before the 1st respondent is a statutory appeal. Therefore, the 1st respondent has to pass appropriate orders on the appeal. 3. Hence, the writ petition is disposed of directing the 1st respondent to pass necessary orders on the appeal filed by the petitioner within a period of eight weeks from the date of receipt of a copy of this order, if the appeal is pending before the 1st respondent. There shall be no order as to costs. ______________ K.C. BHANU, J June 10, 2011 Note: C.C. by one week. {B/o} Lmv HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15555 of 2011 Date: 10.06.2011 LMV