THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.30274 of 2010 ORDER: The petitioner is working as a Line Inspector in the Central Power Distribution Company Limited, the 1st respondent herein, through order dated 24.05.2006. The Chairman & Managing Director imposed the punishment of stoppage of two increments with cumulative effect upon the petitioner. He preferred an appeal to the Board of the 1st respondent. However, that appeal was rejected by one of the Directors, the 2nd respondent herein, through order dated 15.05.2009, on the ground that it was not filed within the stipulated time. Hence, this writ petition. Heard Sri V.Ravi Kiran Rao, learned counsel for the petitioner, and Sri P.Lakshma Reddy, Standing Counsel appearing for the respondents. It is usurping that the 2nd respondent i.e., Director (HR & P & MM) of the respondent Company did not know the basic procedure relating to adjudication of administrative appeals. The petitioner suffered punishment in the hands of Chairman & Managing Director. The appellate authority is the Board of Directors. Even in that Board, the Managing Director is not supposed to take part, since his order would be under appeal. It is for the Board whether or not to entertain the appeal preferred after stipulated period of limitation. However, the 2nd respondent has taken for himself, the task of adjudication and passed the impugned order rejecting the appeal. Assuming that the appeal was presented after the prescribed period of limitation, the ministerial authority of the company ought to have returned the appeal. The question of rejection of the appeal by any authority other than the one who is conferred with the power to hear it, does not arise. Hence, the writ petition is allowed and the impugned order is set aside. Further, the appeal shall be placed before the Board, in which neither the Chairman & Managing Director, nor the 2nd respondent, who passed the impugned order shall participate, appropriate orders thereon shall be passed within six weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J 27.12.2010 v v