IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 1749 of 2005 Between: A.V.V.S.Murhty S/o Suryanarayana Murthy APCOB Coop.Training Institute, Rajendra Nagar, Hyderabad. ..... PETITIONER AND Cadre Authority(For Key Personal of Co-Operative Central Banks/Apex Bank) Rep.by its Member Secretary, AP.State Co-operative Bank Ltd., P.B.No.142, Hyderabad.500 001 .....RESPONDENT 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 an appropriate writ, order or direction more particularly one in the nature of Writ of CERTIRIORI and to call for records relating to and connected with Proceeding No.CDR/F.202/1330 dt. 29/01/2005 of the Member Secretary, AP.State Co-Operative Bank Limited , Hyderabad. and quash or set aside the decision contained therein to dismiss the petitioner from service with all cosequential beneﬁts and pass such other order or orders as this Hon'ble Court may deem fit and proper. Counsel for the Petitioner:MR.P.NAVEEN RAO Counsel for the Respondent No.: MR.D.S.N.V.PRASAADA BABU The Court made the following : ORDER: This writ petition has been filed seeking to issue Writ of Certiorari and to call for the records relating to and connected with proceedings No.CDR/F.202/1330 dated 29-01-2005 of the Member Secretary, A.P. State Cooperative Bank Limited, Hyderabad and quash or set aside the decision contained therein to dismiss the petitioner from service with all consequential benefits. In the order dated 29-01-2005 issued by the Managing Director, APCOB/Member Secretary, Cadre Authority ordered that Sri AVVSN Murthy, Class-II Oﬃcer, is dismissed from the service of Cadre Authority with immediate eﬀect without prejudice to the right of the cadre authority to ﬁx up ﬁnancial liability for the loss caused to the Bank and taking of action for the recovery thereof. This Court on 15-06-2005 issued Rule nisi. During the pendency of the writ petition, the petitioner ﬁled W.P.M.P. No.20439 of 2008 seeking leave to prefer an appeal. The contention of the petitioner is that under the provisions of the Cooperative Societies Act, the Registrar of Cooperative Societies is the appellate authority. Therefore, the petitioner sought leave from this Court to ﬁle appeal before the Registrar of Cooperative Societies, appellate authority, against the impugned order of punishment where under he was imposed with the punishment of dismissal from the service of cadre authority. Having regard to the facts and circumstances of the case and the averments made in the writ petition, WPMP No.20439 of 2008 and W.P. No.1749 of 2005 are disposed of with a liberty to the petitioner to avail the alternative remedy available under law i.e. by way of ﬁling appeal, within a period of two weeks from the date of receipt of a copy of this order and thereafter the appellate authority shall dispose of the same within a period of two months, in accordance with law. There shall be no order as to costs. _________________________ JUSTICE G. CHANDRAIAH Date: 04-08-2008 LSK