THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.3358 OF 2001 DATED 29TH APRIL, 2010 BETWEEN T.Venkateswarlu … Petitioner and The General Manager (Admn.), Girijan Coop. Corporation Limited, Visakhapatnam. And Others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.3358 OF 2001 ORDER: The petitioner, an employee of the Girijan Co-operative Corporation Limited (for brevity, ‘the Corporation’), assails the proceeding dated 03.02.2001 issued by the General Manager of the Corporation directing recovery of an amount of Rs.10,039/- from the salary of the petitioner. The grievance of the petitioner is that he was issued Show Cause Notice dated 04.12.2000 by the Vice Chairman & Managing Director of the Corporation in respect of the very same issue proposing recovery of the said amount and that while the matter was being looked into by the said authority, the impugned proceeding was issued by his subordinate. By interim order dated 27.02.2001 this Court directed the respondents not to effect recovery pursuant to the impugned proceeding for a period of four weeks which was thereafter extended until further orders on 28.03.2001. A counter affidavit is filed on behalf of the Corporation stating that pursuant to the Show Cause Notice issued by the Vice Chairman & Managing Director of the Corporation, final orders were passed on 31.03.2001 imposing upon the petitioner the punishment of stoppage of one increment without cumulative effect in addition to directing recovery of the amount of Rs.10,039/- from his salary. It is stated at the bar by the learned counsel that the said punishment is the subject matter of challenge before this Court in another Writ Petition. Be that as it may, in the light of the events aforestated, it is not open to the Corporation to take any further action pursuant to the impugned proceeding dated 03.02.2001. The thrust of the impugned proceeding dated 03.02.2001 is set at naught by the issuance of the final proceeding. Recovery from the petitioner’s salary would necessarily be dependent on the result of the other writ petition wherein the punishment imposed upon him is under challenge. The writ petition is accordingly allowed, but in the circumstances, without costs. ____________________ SANJAY KUMAR, J. 29th April, 2010. VGSR