HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.9614 of 2010 Date: April 27, 2010 Between: A. Kulakarni, S/o. late E.D. Kulakarni, Aged 35 years, Occ: Mechanic, E.334333, R/o.3-18-299, Adarshnagar Colony, Subhashnagar, Nizamabad – 500 002 … Petitioner And APSRTC, represented by its Managing Director, Bus Bhavan, RTC X Road, Hyderabad, and another … Respondents Order: This writ petition is filed questioning proceedings No.P2/462(3)/07-ARMR, dated 05-01-2010, issued by the second respondent, Depot Manager, APSRTC, Bus Depot, Armoor, Nizamabad District. The petitioner joined in the service of the respondent- Corporation as Cleaner on 27-05-1992 and later promoted as Mechanic. While so, he was suspended from service on an allegation that he refused to acknowledge the show-cause notice and was issued charge sheet dated 08-08-2008. Questioning the said charge sheet and order of suspension, the petitioner filed W.P.No.18147 of 2008 and this court suspended the order of suspension by order dated 14-09-2008 in W.P.M.P.No.23626 of 2008. Thereafter enquiry was conducted into the said charge and report was submitted. Pursuant thereto, the impugned proceedings is issued imposing on the petitioner the penalty of reduction of pay by 2 incremental stages permanently, which shall have effect on his future increments. The case of the petitioner is that when the order, suspending his services, pending enquiry, was passed, this court has suspended the said order and in spite of the same, without recording any finding, the impugned proceedings is issued imposing penalty of reduction in pay. It is not in dispute that as per the APSRTC Employees (Classification, Control and Appeal) Regulations, 1967, framed under the Road Transport Corporations Act, 1950, against the impugned proceedings, an appeal lies to the Deputy Chief Mechanical Engineer. The petitioner, without availing the alternative remedy of appeal available to him, approached this court. There is no special reason to entertain this writ petition bypassing the remedy of appeal. In the circumstances, without going into the merits of the case, I dispose of the writ petition permitting the petitioner to file an appeal against the impugned proceedings before the Deputy Chief Mechanical Engineer, APSRTC, Nizamabad, within a period of three weeks from today. On such appeal being filed, the appellate authority shall consider the same and pass appropriate orders, within four weeks thereafter and till such time, the impugned proceedings, dated 05-01-2010, issued by the second respondent shall not be given effect. It is further made clear that if the petitioner fails to file the appeal within the time stipulated above, it would be open to the respondents to implement the impugned proceedings. No order as to costs. ______________________ (R. SUBHASH REDDY, J) April 27, 2010 MRR