IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 1838 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated ______ in WP NO : 19275 OF 2008 on the file of the High Court.) Between: 1 The A.P.Schedule Casts Cooperative Finance Corporation Ltd Rep.by its Vice Chairman & Managing Director 5th Floor Damodaram Sanjeevaiah Samkshema Bhavan Masab Tank Hyderabad 2 The Chairman District Collector District Schedule Casts Cooperative Society Ltd Kurnool Kurnool District 3 The Executive Director S.C Coroporation B-Camp Kurnool 4 Smt Sarala Vandanam W/o. not Known, Special Deputy Collector Land Acquisition Cum-LOC Unit S.R.S.P Pochampad Kurnool District ..... APPELLANTS AND 1 D.Deva Prasada Rao S/o.Devabhushanam Under order of Suspension) A Camp Budhavarapeta Kurnool,Kurnool District 2 Smt. Sarala Vandanam Land Acquisition - cum - LOC Unit SRSP, Pochampad, Kurnool District. .....RESPONDENTS Counsel for the Appellant:MR.M.GANGA RAO Counsel for the Respondent No.: MR.V.MALLIK The Court made the following : JUDGMENT: (Per the Hon’ble Smt. Justice T.Meena Kumari ) Aggrieved by the order, dated 05.11.2008 made in WP MP No.25136 of 2008 in WV MP No. 3469 of 2008 in W.P. No. 19275 of 2008 by a learned Single Judge of this court dismissing the vacate petition and making the interim orders granted on 5.9.2008 absolute, directing the Registry to post the Writ Petition for final hearing immediately after Sankranthi Vacation, 2009, the respondents in the writ petition preferred this Appeal. It is case of the appellants herein that on the basis of the preliminary enquiry conducted by the Competent Authority, the respondent – writ petitioner while working as Senior Assistant, office of the District S.C. Society Limited, Kurnool, was found to have committed irregularities of grave nature and hence, he was placed under suspension vide proceedings No.A4/2197/APSC/2007 dated 5.6.2008. This order was assailed in the writ petition. Along with the writ petition, the respondent filed WP MP No.25136 of 2008 seeking to suspend the impugned order and a learned Single Judge of this court by order dated 5.9.2008 has granted interim suspension, as prayed for. Aggrieved thereby the Department – appellants herein filed WVMP No.3469 of 2008 seeking to vacate the interim order passed by the learned Single Judge on 5.9.2008 and the impugned order came to be passed making the interim order absolute. Aggrieved thereby, the present Writ Appeal is filed inter alia contending that the learned Single Judge has erred in prejudging the issue that the respondent has no power to issue cheques, contrary to the evidence available on record and, therefore, the learned Single Judge ought not to have interfered with the suspension order dated 5.6.2008 in exercise of judicial review under Article 226 of the Constitution of India. On behalf of the appellants, it is contended that no reasons have been assigned while dismissing the vacate petition and, therefore, the impugned order is liable to be set aside. It is further submitted by him that the respondent has filed Contempt Case No. 1352 of 2008 and the learned Single Judge has directed appearance of the appellants before him. We have gone through the interim order dated 5.9.2008 and the order impugned in this Writ Appeal and perused the material available on record. The learned Single Judge while making the interim order absolute, directed the Registry to post the Writ Petition for final hearing after Sankranthi Vacation, 2009. Having regard to the facts and circumstances of the case, without adverting to merit or otherwise of the contentions raised in the appeal, we dismiss the Writ Appeal staying the Contempt Case and directing the Registry to list the Writ Petition in the top of the list for final hearing before the learned Single Judge, having roster. With the above direction, the Writ Appeal is dismissed. No order as to costs. _____________________ Justice T. Meena Kumari _________________________ Justice C.V.Nagarjuna Reddy January 27, 2009 MAS