THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.9538 of 2011 Date: 31.01.2013 Between : D. Jashuva .… Petitioner and The Deputy Executive Manager, A.P. Tourism Development Corporation, Visakha Division, Mandavari Street, Beside Hotel Dwarka Inn, Visakhapatnam and others. …. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.9538 of 2011 ORDER : The petitioner was appointed as Assistant Manager (Hotels) to work under the A.P. Tourism Development Corporation Limited. On the basis of a report dated 15.4.2009 submitted by the Divisional Manager, A.P. Tourism Development Corporation Limited, Visakhapatnam, to the effect that the petitioner was doing business by supplying his own cars to the customers of the Corporation, his services were terminated by means of the impugned order dated 2.6.2009. The petitioner denies the allegations and asserts that he never carried on the business and that he was not put on notice as regards the proposed punishment. 2. A counter affidavit is filed on behalf of the respondents reiterating the misconduct of the petitioner and further pleading that the termination of his services is justified in the interest of the Corporation. 3. The stand taken by the respective parties as to whether the petitioner had resorted to clandestinely operating his vehicles at the cost of the Organisation, is essentially a question of fact, which has been held against him by the Managing Director. There is no dispute that the ultimate authority is vested in the Board of Directors and in the normal course, the petitioner would have agitated by filing a petition for a decision by the Board. He has not done so. In this view of the matter, Sri Nandigam Krishna Rao, learned counsel appearing for the petitioner submits that the petitioner be given liberty to file a petition against the impugned order before the Board of Directors and a direction be issued to take an appropriate decision within a time frame. 4. Sri A.K. Narasimha Rao, learned Standing Counsel appearing for the A.P. Tourism Development Corporation has no objection to issue such a direction. 5. In view of the above, without expressing any opinion on the merits of the case, I deem it appropriate to dispose of the writ petition with the following directions: (i) The petitioner may file a petition against the impugned order dated 2.6.2009 before the Board of Directors of the Corporation within two weeks from today; (ii) Thereafter the Board of Directors shall consider the said petition and pass appropriate orders in accordance with the norms or rules, as may be applicable to the case of the petitioner as expeditiously as possible, preferably within a period of two months; (iii) If the petitioner fails to file the petition within the above stipulated time, no obligation is cast upon the Board of Directors to consider the matter. 6. Subject to the above, the writ petition is disposed of. As a sequel, W.P.M.P.No.11812 of 2011 is dismissed as unnecessary. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 31.01.2013. NOTE: Issue C.C. in 3 days. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.9538 of 2011 31.01.2013 (Msr)