IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 2462 of 2009 Between: P. Phaneendrudu, S/o. Gurunatham, (Under Orders of Dismissal), A.P.State Housing Corporation Limited, Nellore, Nellore District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Housing Department (A.P. State Housing Corporation), Secretariat, Hyderabad. 2 The A.P. State Housing Corporation Limited, Rep.b y its Managing Director, 3-6-184, Urdugally, Himayathnagar, Hyderabad -28. .....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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inactin of the 1st respondent with regard to non-disposal of appeal dt. 25-10-2008 with a direction to dispose off the samein accordance with law and further declaring that the inaction as illegal, arbitrary and violative of rights guaranteed under Article 14 and 21 of the Constitution of India and pass Counsel for the Petitioner:MR.V.MALLIK Counsel for the Respondent No.: MR.K.MOHAN RAMI REDDY The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 2462 OF 2009 ORDER: 1. This writ petition has been filed by P.Phaneendrudu assailing the inaction of the Government of Andhra Pradesh represented by its Principal Secretary, Housing Department in disposing of the appeal filed by him. 2. The petitioner was working as Work Inspector under the control of Executive Director, A.P. Housing Corporation, Nellore. A charge Memo was issued to him for failure to show the Cement Register to the Deputy Executive Engineer Urban. He submitted explanation on 24-12-2007. A regular departmental enquiry was conducted wherein the Enquiry Officer found the petitioner guilty of the charges. The Disciplinary Authority accepted the Enquiry Report and issued show cause notice dated 26-8- 2008. The petitioner submitted explanation to the show cause notice and thereafter the Disciplinary Authority, Managing Director-2nd Respondent passed final orders. Assailing the order passed by the 2nd respondent, the petitioner filed an appeal on 25-10-2008. Assailing the inaction of the 1st respondent in disposing of the appeal, the petitioner approached this Court invoking jurisdiction under Article 226 of the Constitution of India. 3. When the writ petition came up for admission, the learned standing counsel of Housing Corporation takes notice on behalf of the Respondents. 4. Learned standing counsel appearing for the respondents 1 and 2 submit that under service rules an appeal lies to the Board against the order passed by the Managing Director. Therefore, the petitioner has to file an appeal before the Board, A.P. Housing Corporation Ltd.. 5. Such is the situation, this writ petition is disposed of reserving liberty to the petitioner to file an appeal before the Board A.P. State Housing Corporation against the order passed by the 2nd respondent. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 11th February, 2009. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 2462 OF 2009 11th February, 2009.