HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI WRIT PETITION No. 28051 OF 2009 Thursday, the Twenty Fourth day of June, Two Thousand and Ten Between K.Ramesh Kumar Petitioner AND A.P. State Housing Corporation Limited, Rep. By its Managing Director, Urdulane, Himayathnagar, Hyderabad and another Respondents THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI WRIT PETITION NO. 28051 OF 2009 ORAL ORDER: The notice dated 09.11.2009 issued by the first respondent herein awarding punishment of removal from service apart from recovery of a sum of Rs.5,90,866/- in terms of Clause (x) under Rule 9 of the APCS (CC & A) Rules, 1991, in culmination of Departmental Enquiry, is under challenge in this writ petition. The petitioner was appointed as Assistant Engineer in A.P. State Housing Corporation Limited in 1984. By proceedings dated 5.6.2004, he was placed under suspension contemplating an enquiry for his negligence in discharge of duties, cheating innocent beneficiaries, misappropriation of public money, tampering of records pertaining to release of payments, etc. The Enquiry Officer has submitted reports dated 29.11.2008 and 7.2.2009 holding the petitioner guilty of the charges and a show cause notice was served on him on 7.8.2009, to which he submitted his explanation pleading that the Enquiry Officer has not issued photocopies of the documents inspite of his repeated requests and, therefore, contends that the impugned order is bad in law. It is contended by the learned counsel for the petitioner that pending representation of the petitioner to supply photocopies of the documents, issuance of impugned order by the first respondent is unsustainable. While it is the contention of the learned Standing Counsel appearing for the respondents that against the orders impugned in this writ petition, an appeal lies and, therefore, the writ petition is not maintainable without exhausting the remedy of appeal. In the facts and circumstances of the case and having regard to the fact that the remedy of appeal is available to the petitioner, I am of the considered view that ends of justice would be met by reserving liberty to the petitioner to avail the alternative remedy of appeal. Hence, the writ petition is disposed of directing the petitioner to prefer an appeal before the Appellate Authority, within a period of four weeks from the date of receipt of a copy of this order and in the event of such an appeal being filed by the petitioner, the same shall be disposed of within a period of three months thereafter. With the above directions, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari June 24, 2010 MAS