THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.7759 of 2010 ORDER: The petitioner was working as a Divisional Electrical Engineer (Operation), Rajahmundry in the Andhra Pradesh Eastern Power Distribution Company Limited (for short ‘the Company’), the first respondent herein. By initiating disciplinary proceedings against him alleging that the certificate of qualification submitted by him is not genuine, the Chairman of the Company passed an order dated 26.03.2010, dismissing the petitioner from service. Aggrieved thereby, the petitioner filed an appeal before the Board of Directors of the first respondent- Company. He challenges the order of termination dated 26.03.2010. Sri V.Raja Gopal Reddy, learned counsel for the petitioner submits that the order of termination passed against the petitioner is contrary to the service Regulations and the judgment rendered by this Court in Ch.Appala Reddy V. Eastern Power Distribution Company of A.P.Ltd[1]. Sri G.Vidya Sagar, learned Standing Counsel for the respondents, on the other hand, submits that the petitioner has availed the remedy of appeal and he cannot pursue the parallel proceedings. One of the grounds urged by the petitioner is that an Enquiry Officer was appointed straightaway without awaiting any reply from him to the show cause notice. It is, no doubt, true that such a practice was held to be illegal by this Court in the judgment referred to above. However, the question as to whether the principle laid down in the case applies to the case on hand and whether the respondents did not follow the prescribed procedure vis-à- vis the petitioner needs to be considered. In the appeal, the appellate authority would have the advantage of perusing the entire record and even to modify the punishment, if it so wishes. A writ petition cannot be entertained even while an appeal is pending. Hence, the writ petition is disposed of, directing that the appellate authority shall pass orders in the appeal preferred by the petitioner within a period of four weeks from the date of receipt of a copy of this order. It shall be open to the petitioner to urge all the grounds touching on questions of fact and law before the appellate authority. There shall be no order as to costs. ______________________________ JUSTICE L.NARASIMHA REDDY 28th September 2010 dr [1] 2005 (3) ALT 632 (D.B)