THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI WRIT PETITION No. 4758 OF 2002 ORAL ORDER: The proceedings in Rc.No. 7/2000 dated 4.2.2002 issued by the respondent dismissing the petitioner from service with effect from the date of issuance thereof, is questioned in this writ petition. The petitioner had been working as Secretary of the Respondent Society from June, 1991 and placed under suspension on 29.6.1991 basing on the Audit Report for the year 1988-89 and during the suspension period, subsistence allowance was not paid, he filed WP No. 22526 of 1998, which was dismissed reserving liberty to the petitioner to raise dispute under Sec. 61 of the A.P. Cooperative Societies Act. On the dispute being raised by the petitioner, the Cooperative Sub-Registrar, passed an Award on 3.8.1999 entitling him to 50% of the subsistence allowance for six months and at 75% for the next six months and thereafter full payment. Pursuant to this award and on the resolution passed in the meeting dated 27.12.1999, the petitioner jointed duty as Secretary on 28.12.1999, pending enquiry. Thereafter, the petitioner was served with a charge memo dated 7.1.2000 calling for his explanation, to which he submitted his written explanation. Thereafter, the respondent issued a notice on 3.2.2000 to show cause as to why punishment of stoppage of annual grade increments with cumulative effect should not be imposed against him. The petitioner submitted his explanation to the show cause notice on 15.2.2000 and an order dated 21.2.2000 came to be passed treating the suspension period as on duty and ordered stoppage of two annual grade increments with cumulative effect. While so, the Managing Committee of the respondent society suspended and the person incharge appointed therefor has not permitted the petitioner to work and sign in the Attendance Register and when no action was taken on his written representations, he filed WP No. 14463 of 2000. Thereafter, the person incharge so appointed filed an appeal before questioning the Award in ARC No.1 of 1999 before the Divisional Cooperative Officer, Warangal and the petitioner requested to adjust the amount in EP No. 1744 of 1993 and after such adjustment, the E.P. was ordered to be closed. While so, the Sale Officer, without verification of the records issued demand notice for attachment of petitioner’s properties. Questioning the same, the petitioner filed WP No. 1475 of 2000 and interim stay thereof was ordered on 19.7.2001. Thereafter, by the impugned order, the petitioner was dismissed from service. Hence, the writ petition. A detailed counter affidavit is filed by the respondent denying material allegations. It is, however, submitted that in terms of Bye-Law No. 12(3) of the Special Bye-Laws regulating the Service Conditions of the Employees of Primary Agricultural Cooperative Societies, the petitioner had filed an appeal before the District Collector, Warangal, after filing the writ petition and the same is pending and, as such, the writ petition is liable to be dismissed. The factual matrix is not in dispute. It is also not in dispute that an appeal against the impugned order lies to the District Collector in terms of Bye-Law No.12(3)of the Special Bye-Laws. It is further not in dispute that the appeal filed by the petitioner against the order impugned, before the District Collector, Warangal, is pending. Therefore, without expressing any opinion on merits or otherwise of the contentions raised before this court, since the petitioner had availed the efficacious remedy of appeal, the writ petition is disposed of directing the Appellate Authority to dispose of the appeal within a period of three months from the date of receipt of a copy of this order. With this direction, the writ petition is disposed of. No order as to costs. _______________________________ JUSTICE T. MEENA KUMARI 22.7.2010 CHV