IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 17570 OF 1999 Between: Gyaneshwar ..... PETITIONER AND M/s Electronics Corporation of India Limited, Moulali, Hyderabad rep. by its Managing Director and another .....RESPONDENTS The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No.17570 OF 1999 O R D E R : The petitioner herein, who was an employee of M/s. Electronics Corporation of India Limited, filed this writ petition seeking a declaration that the proceedings of the 2nd respondent dated 05.06.1999 imposing the penalty of reduction to a lower grade from the grade of Personnel Officer to Assistant Personnel Officer, is arbitrary and illegal. I have heard the learned counsel for both the parties and perused the material available on record including the counter affidavit filed on behalf of the respondents. At the outset, it is to be noticed that it was not the case of the petitioner that no proper opportunity was given to him during the enquiry. The material available on record shows that the petitioner was served with a charge sheet specifying the alleged irregularities and after considering his explanation, an enquiry officer was appointed. On the basis of the enquiry report, the 2nd respondent passed the impugned order imposing the penalty of reduction to a lower grade. Thus, the impugned order was in conformity with the principles of natural justice. So far as the correctness of the findings recorded by the enquiry officer and the penalty imposed by the 2nd respondent are concerned, it is stated in the counter affidavit filed on behalf of the respondents that an alternative remedy of appeal is available under Rule 41 of the Conduct, Discipline and Appeal Rules of the respondents Corporation. Hence if aggrieved, the petitioner ought to have availed the remedy of appeal but he cannot straightway maintain this writ petition, under Article 226 of the Constitution of India. Accordingly, the Writ Petition is dismissed, leaving it open to the petitioner to work out the remedy of appeal available under the service rules, if so advised. No costs. ​ ____________ G. ROHINI, J Date: 09.06.2010 Ivd