IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5309 of 2008 Between: Balgonda, S/o. Balgonda, District Rural Development Agency, Nizamabad. ..... PETITIONER AND 1 The Commissioner Rural Development, Govt. of Andha Pradesh, Andhra Pradesh, Hyderabad. 2 The District Collector/Chairman, District Rural Development Agency, Nizambad, Nizamabad District. 3 K.V. Satyanarayana, Ex-Project Director/Inquiry Officer, District Rural Development Agency, Nizamabad (Service through 1st Respondent) .....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 appropriate writ, order or direction more in the nature of Writ of Mandamus a) holding that proceedings No. 3756/RD.SHG(V)/2004, dt. 27-2-2008 as illegal arbitrary contrary to APCCA Rules 1991 while setting aside the enquiry report submitted by the 3rd Respondent as illegal, arbitrary, against article 14, 16 and 21 and 311 of constitution of India apart from Rule 20 & 24 of APCCA Rules as the findings of the Enquiry Officer is perverse in nature duly quashing impugned proceedings issued in proceedings No. 3756/RD.SHG(V)/2004, dt. 27-2-2008 of the 1st Respondent b) direct the respondents to conduct fresh enquiry in conformity with rule 20 & 24 of APCCA Rules while reinstating the petitioner into service. Counsel for the Petitioner:MR.Y.V.SATYANARAYANA Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORDER: The petitioner was functioning as Record Assistant in the District Rural Development Agency, Nazamabad, the second respondent herein. Through order, dated 27.02.2008, the petitioner was removed from service, after conducting disciplinary enquiry. This Writ Petition is filed assailing the order of dismissal. Heard learned counsel for the petitioner and learned Government Pleader for Panchayat Raj and Rural Development. It is not in dispute that the petitioner had a remedy by way of an appeal against the impugned order. In fact, the petitioner is said to have preferred an appeal to the Government, Panchayat Raj and Rural Development, on 14.03.2008. Therefore, this Writ Petition cannot be entertained. The appellate authority can be directed to dispose of the appeal, as early as possible. Hence, the Writ Petition is dismissed, directing that the appeal preferred by the petitioner shall be disposed of as early as possible and not later than three months from the date of receipt of a copy of this order. There shall be no order as to costs. ____________________ Dt.18.04.2008 L.NARASIMHA REDDY, J Note: Registry is directed to mark a copy of this order to the Principal Secretary to Government, Panchayat Raj and Rural Development, Hyderabad. (B/o) GJ ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner Rural Development, Govt. of Andha Pradesh, Andhra Pradesh, Hyderabad. 2 The District Collector/Chairman, District Rural Development Agency, Nizambad, Nizamabad District. 3 K.V. Satyanarayana, Ex-Project Director/Inquiry Officer, District Rural Development Agency, Nizamabad (Service through 1st Respondent) 4 2CCs to GP for Panchayat Raj and Rural Development (OUT). 5 2CD copies Form-NIC-OGS/WP{RLD}