IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 8061 of 1999 Between: N.Nageswara Rao S/o Subbarao H.No.953, R/o D.No.3-1-195, Vidhyadharapuram Vijayawada. ..... PETITIONER AND 1 The Durga Coop. Urban Bank Ltd., Rep.by its Secretary, R.R.Appa Rao Street, Vijayawada 2 The Durga Co-Operative Urban Bank Ltd., Rep. by its President, No.H.953 R.r.Apparao Street, Vijayawada. .....RESPONDENT(S) 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 to issue any writ, order or direction particularly one in the nature of MANDAMUS declaring the Resolution No:4 dt. 13/03/1999 ordering the revertion of the Petitioner as arbitrary, illegal and by nullifying the same direct the respondents to continue me as Asst. Secretary of the Bank with all the benefits and pass such other order or orders, as the Hon'ble Court may deem fit and proper in the circumstances of the case Counsel for the Petitioner:DR.P.B.VIJAY KUMAR Counsel for the Respondent No.: MR.V.S.R.ANJANEYALU The Court made the following Order: The petitioner, erstwhile secretary of the respondent-Bank, an establishment under the A.P.Shops and Establishments Act, questions the proceedings of the Board dated 13-03-1999 reverting him as a clerk. Petitioner’s case before this Court is that the order of reversion, which was passed on an alleged request by the petitioner, in his letter dated 19-08-1998, was under coercion and that no credence can be given to such a letter. Whether the letter dated 19-08-1998 given by the petitioner was under coercion or on his own free will are all matters of evidence which this Court would not, ordinarily, examine in proceedings under Article 226 of the Constitution of India and are better adjudicated by the competent authority under the A.P.Shops and Establishments Act before whom the petitioner can let in evidence, both oral and documentary, on the question of coercion. Leaving it open to the petitioner, if he so chooses, to avail the remedy under the A.P.Shops and Establishments Act, the writ petition is dismissed. No order as to costs. ______________ 20-02-2008 usd ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, Durga Coop. Urban Bank Ltd., R.R.Appa Rao Street, Vijayawada 2 The President, Durga Co-Operative Urban Bank Ltd., R.R.Apparao Street, Vijayawada. 3 2CD copies Form-NIC-OGS/WP{JPK}