IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6074 of 2009 Between: Kuchibhotla Samba Siva Sastri, S/o. Muralidhara Sastri, A.P. State Cooperative Bank Limited, Troop Bazar, Hyderabad. ..... PETITIONER AND Andhra Pradesh State Cooperative Bank Limited, Troop Bazar, Hyderabad, Rep. by its Managing Director. .....RESPONDENT Counsel for the Petitioner:SMT.BOBBA VIJAYALAKSHMI Counsel for the Respondent:MR. T.RAJENDRA BABU FOR MR.D.KRISHNA MURTHY The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to set aside memo, dated 04.12.2008 (wrongly mentioned as dated 24.09.2008) and consequential memo, dated 11.03.2009. At the hearing, Smt. Bobba Vijayalakshmi, learned counsel for the petitioner advanced two contentions, namely, (1) memo, dated 04.12.2008 was passed unilaterally as the same was not preceded by a proper notice proposing to recover the increments nor an enquiry, and (2) the Deputy General Manager of the respondent bank, who issued the impugned memo has no jurisdiction to issue such a memo, because such a power is vested only in the Managing Director of the respondent bank. Since the appeal filed by the petitioner against memo, dated 04.12.2008 is admittedly pending before the Managing Director of respondent bank, there is no necessity for giving findings on the above said two contentions. It will suffice if the writ petition is disposed of with the direction to the Managing Director of the respondent bank to dispose of the appeal, within a period of eight (8) weeks from the date of receipt of a copy of this order. Pending appeal, the respondent shall not recover the amount of Rs.3,93,778.82 ps. from the petitioner. The petitioner is entitled to raise all legally sustainable grounds including the two contentions referred to above, in the appeal before the Managing Director of the respondent bank. Ordered accordingly. C.V.NAGARJUNA REDDY, J 25th MARCH, 2009. Note: issue c.c. in one week. B/o kvni