IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 216 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 13/10/2008 in WP NO : 22368 OF 2008 on the file of the High Court.) Between: K. Samba Siva Rao S/o. K. Sivasundara Rao O/o. Asst. Accounts Officer, Electricity Revenue Office, Tenali, Guntur District, R/o. D.No. 4-5-155, Koritipadu, 3rd Lane, Guntur ..... APPELLANT AND 1 Southern Power Distribution Company of A.P. Ltd., Rep. by its Chairman & Managing Director and Appellate Authority, Tirupathi, Chittoor District. 2 Chief General Manager (HRD) Andhra Pradesh Southern Power Distribution Company of A.P. Ltd., Tirupathi, Chittoor District. 3 The Superintendent Engineer (Operation), Andhra Pradesh Southern Power Distribution Company of A.P. Ltd., Tirupathi. Chittoor District. 4 The Chief General Manager (Expenditure) Corporate Office, Andhra Pradesh Southern Power Distribution Company Ltd., Tirupathi, Chittoor District. .....RESPONDENTS Counsel for the Appellant: MR.M.PITCHAIAH Counsel for the Respondent No.: P.R.BALARAMI REDDY (SC FOR AP TRANSCO) The Court made the following : JUDGMENT: (Per the Hon’ble Smt. Justice T.Meena Kumari ) This Writ Appeal assails the order dated 13.10.2008 in WP MP No. 29151 of 2008 in WP No. 22368 of 2008 passed by a learned Single Judge dismissing the application filed for suspending the order of dismissal dated 29.5.2008 issued by the 2nd respondent herein as confirmed by the first respondent through order dated 8.9.2008. The appellant herein while working as LDC in the office of the Assistant Accounts Officer, Electricity Revenue Office, Town, Guntur, was served with a notice dated 23.6.2003 informing him of appointment of an Enquiry Officer to enquire into the charges levelled against him. The enquiry was accordingly conducted and basing upon the report, a show cause notice dated 28.4.2005 was issued to the appellant, to which he submitted his explanation. Ultimately by proceedings dated 27.9.2005 issued by the second respondent, the appellant was dismissed from service. Aggrieved thereby, the appellant preferred an appeal before the Appellate authority, which was rejected by an order dated 20.2.2006. Thereafter, the appellant filed W.P. No. 9131 of 2006, which was allowed by order dated 1.11.2007, observing that the order of dismissal passed by the disciplinary authority as confirmed by the Appellate Authority suffers from gross violation of principles of natural justice apart from bereft of reasons. It is further held by the learned Single Judge that the order does not preclude the respondents from passing appropriate reasoned order after putting the appellant on notice. As such, the second respondent issued proceedings dated 1.2.2008 to show cause as to why the punishment of dismissal should not be imposed against him, to which the appellant submitted his explanation dated 18.4.2008. The second respondent without considering the explanation submitted by the appellant, issued proceedings dated 29.5.2008, dismissing the appellant from service and the appeal preferred against the said order to the first respondent was also rejected on 8.9.2008. Therefore, the appellant has filed the above Writ Petition assailing his dismissal from service. Along with the writ petition, the appellant filed WP MP No. 29151 of 2008 seeking to suspend the order of dismissal from service issued by the respondents and the learned Single Judge by the order impugned in this writ Appeal dismissed the same. Heard learned counsel for the appellants and the learned Standing Counsel for the respondents. The relief sought for by the appellant is one of suspension of the dismissal order passed by the second respondent and confirmed by the Appellate Authority i.e. first respondent, which cannot be granted at the interlocutory stage and, therefore, the learned Single Judge has rightly dismissed the application. Therefore, we are not inclined to admit the Writ Appeal and is consequently dismissed at the stage of admission. However, the Registry is directed to post the Writ Petition No.22368 of 2008 for final hearing in the first week of April, 2009 before the learned Single Judge having roster. _____________________ Justice T. Meena Kumari _________________________ Justice C.V.Nagarjuna Reddy March 4, 2009 MAS