HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No. 28370 of 2010 ORDER: The petitioner is the employee of Sri Venkateswara Swamy Devasthanm, Vaddadi Village, Butchiyyapeta Mandal, Visakhapatnam District. He has been sent on deputation to Sri Venkateswara Swamy Devasthanam, Upmaka Village, Nakkapalli Mandal, Visakhapatnam District. Recently, he has been repatriated to his parent institution. On receiving certain directions from the Office of the Commissioner, the Executive Officer of Sri Venkateswara Swamy Devasthanam, Vaddadi, the 1st respondent herein, issued memo dated 8.11.2010 framing certain charges, which are referable to the functioning of the petitioner at Sri Venkateswara Swamy Devasthanam, Upmaka. The petitioner challenges the same mostly on the ground of jurisdiction. Heard the learned counsel for the petitioner, the learned Government Pleader for Endowments and learned Standing Counsel for the respondents. The petitioner is an employee of the second respondent Devasthanam. The annual income of that temple is said to be less than rupees ten lakhs. Section 37(1) of the Andhra Pradesh Charitable Hindu Religious Institutions & Endowments Act, 1987 mandates that the disciplinary power against the employees of the institution, whose annual income is less than rupees ten lakhs, vests with the Trustees or Trust Board, as the case may be, and it is only when the income exceeds rupees ten lakhs that the Executive Officer is conferred with such power. There is no denial of he fact that the income of the respondent-temple is below rupees ten lakhs. Hence, the impugned memo issued by the 1st respondent is without jurisdiction and it is accordingly set aside. It is however, left open to the competent authority to initiate action in accordance with law. The writ petition is accordingly allowed. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY,J DATE: 22nd November, 2010 Note: Furnish c.c. in three days. B/o pnb