IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 5245 of 2008 Between: M. Prasad S/o. Late M. Narayana Uyyalawada, Koilakuntla Taluk, Kurnool District. ..... PETITIONER AND 1 The Chief Executive Officer, Zilla Parishad, Kurnool. 2 The Deputy Chief Executive Officer, Zilla Parishad, Kurnool. 3 State of Andhra Pradesh rep. by Prl. Secretary to Government, Panchayat Raj & Rural Development Department, Secretariat, Hyderabad. 4 The Commissioner of Government, Panchayat Raj & Rural Employment, Government of Andhra Pradesh, Urdu Galli, Hyderabad. 5 Sri M. Chander Shekharaiah, Kurnool District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Certiorari after calling for the records relating to and connection with order in O.A.No.10409/2002 dated 11.12.2007 of the Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same by declaring it illegal, arbitrary, perverse and against to the statutory Rules and contrary to Articles 14 and 16 of the Constitution of India and to pass such other order or orders. Counsel for the Petitioner: MR.KAMINI VENKATESWARLU Counsel for the Respondents.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 5245 of 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed seeking to set aside the order. dated 11.12.2007 passed by the A.P. Administrative Tribunal, Hyderabad in O.A.No.10409 of 2002. The petitioner is the applicant before the Tribunal. He filed the above O.A. seeking to quash the letter dated 21.8.2002 of the 1st respondent and the charge memo, dated 26.10.2002 issued by the Deputy Chief Executive Officer, Zilla Parishad, Kurnool (2nd respondent) and consequently to direct the respondents to consider his case for promotion to the post of Senior Assistants and Superintendent and to accord all consequential benefits. The tribunal having observed that the letter impugned therein is an internal correspondence between the two officers and the validity of such letter cannot be questioned before the tribunal and the impugned charge memo was issued calling for explanation of the applicant and the validity of such show cause notice, which is in the nature of charge memo, does not arise for consideration since the applicant is not entitled for any other relief, dismissed the O.A. Having aggrieved by the same, the present writ petition has been preferred. Heard the learned Counsel for the petitioner and the learned Government Pleader for Panchayatraj & Rural Development. On a perusal of the material available on record and the impugned letter and charge memo, it is apparent that the letter impugned was a correspondence between the officials and the validity of such correspondence cannot be questioned by the petitioner as rightly observed by the tribunal. So far as the charge memo is concerned, it is nothing but a show cause notice issued to the petitioner-applicant calling for his explanation. The approach of the petitioner at this stage of the proceedings before the tribunal as well as this Court in the absence of any order, is a premature one. Therefore, we have no hesitation to hold that the order of the tribunal needs no interference and the present writ petition is devoid of merits and hence, the same is liable to be dismissed. Accordingly, this writ petition is dismissed. However, it is needless to observe that the enquiry pending, if any, shall be completed as early as possible. No order as to costs. ________________________ Justice T. Meena Kumari _____________________ Justice G. Chandraiah Date: 13th March, 2008 Nn/Gurc. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 5245 of 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 13/03/2008