IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 10850 of 2009 Between: Ch. Sarath S/o. Sri Ch. Kameswara Rao Kendriya Vidyalaya, Machilipatnam Krishna District. ..... PETITIONER AND 1 Kendriya Vidyalaya Sangathan Rep. by its Commissioner, 18, Institutional Area, Shaheed Jeet singh Marg New Delhi. 2 The Commissioner Kendriya Vidyalaya Sangathan 18, Institutional Area, Shaheed Jeet singh Marg New Delhi. 3 The Vice Chairman Kendriya Vidyalaya Sangathan 18, Institutional Area, Shaheed Jeet singh Marg New Delhi. .....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 issue a writ of Mandamus or any other appropriate writ order or direction declaring the Orders passed by the 2nd Respondent Vide Proceedings No. F.21061/4-13/DP/2008-KVS (Vig) dt. 28-04-2009 terminating services of the petitioner as Physical Education Teacher, Kendriya Vidyalaya, Machilipatnam as illegal, arbitrary in violation of principles of natural justice and contrary to Article 81(B) of Education Code for Kendriya Vidyalayas and set aside the same and pass Counsel for the Petitioner :MR.C.RAGHU Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON’BLE MR. JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.10850 OF 2009 O R D E R: Though this writ petition has been instituted questioning the validity of the orders passed on 28th April, 2009 by the Commissioner, Kendriya Vidyalaya Sangathan, New Delhi, imposing the punishment of termination of the services of the writ petitioner, Learned counsel for the petitioner Sri C.Raghu, submits that an appeal against the said order has been preferred to the 3rd respondent on 16th May, 2009 and that the writ petitioner prefers to pursue the appeal. It is therefore appropriate that appellate authority be directed to deal with the appeal preferred by the writ petitioner on 16th May, 2009 and decide the same as expeditiously as possible preferably within a period of three months from the date of receipt of this order. 2. All contentions, which have been canvassed in this writ petition, are kept open to be agitated before the appellate authority. The writ petition stands disposed of. No costs. _________________________ NOOTY RAMAMOHANA RAO, J. JULY 02, 2009. Dsh.