THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 4859 OF 2008 Dt: 7th March 2008 Between: G.Subba Rao …Petitioner and The Divisional Manager (Rural), A.P.State Road Transport Corporation, Vijayawada & others. …Respondents THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 4859 OF 2008 O R D E R: The petitioner was initially employed as Khalasi, in the year 1976. Over a period of time, he got promotions up to the rank of Assistant Traffic Inspector. On receiving some complaints, against the petitioner, the 3rd respondent issued a charge sheet, dated 30.3.2007. An explanation, dated 9.4.2007, was submitted by the petitioner. Since the petitioner denied the charges, enquiry officer was appointed, and a departmental enquiry was conducted. Report dated 16.7.2007 was submitted, holding that the charges leveled against the petitioner are proved. Thereafter, the 3rd respondent issued a show-cause notice to the petitioner, directing him to explain, as to why an order of removal shall not be passed against him. The explanation was submitted on 6.8.2007, and on consideration of the same, the 3rd respondent passed an order dated 27.8.2007, directing removal of the petitioner from service. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and learned Standing Counsel for the respondents. It is urged that the 3rd respondent is not the appointing authority, for the post held by the petitioner, and as such, the impugned order cannot be sustained in law. This court would have certainly examined this issue, but for the fact that the petitioner has already availed the remedy of appeal, before the 2nd respondent. He can raise all the grounds, including the one, as to jurisdiction of the 3rd respondent, in passing the order. Hence, the writ petition is disposed of, directing that the 2nd respondent shall consider and pass appropriate orders, in the appeal preferred by the petitioner, against the order, dated 27.8.2007, passed by the 3rd respondent, within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. _________________ 7th March 2008 PAN