THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 32418 of 2010 O R D E R: This Writ Petition has been instituted by a former Assistant Executive Officer of Sri Kalahastheeswara Swamy Vari Devasthanam, Srikalahasthi, Chittoor District complaining, quite bitterly, about the illegality committed by the Executive Officer of the said Devasthanam in imposing the punishment of reversion to the post of Junior Assistant cadre Typist through orders dated 11.12.2010. Learned counsel for the petitioner would strenuously submit that orders have been passed by the Executive Officer in utter disregard of the principles of natural justice and also without properly appreciating the true and correct facts involved in the matter. However, when it has been pointed out that he had not availed the appellate remedy available to him, the learned counsel for the petitioner would seek permission of this Court for the petitioner to prefer an appeal and the appellate authority be permitted to dispose of the appeal as expeditiously as possible. It is certainly open to the writ petitioner to prefer an appeal against the orders dated 11.12.2010 passed by the Executive Officer of the Devasthanam concerned and it is also open to him to seek stay of operation of the said proceedings, as he is greatly impacted by the order of reversion to the post of Junior Assistant cadre Typist, inasmuch as he is not directly involved in the irregularities noticed in the stores of the Devasthanam, but someone else is responsible for such irregularities. The appellate authority is competent to re-examine the entire fact situation available on record. He will be able to appreciate the practices and procedures adopted by various Devasthanams in their day to day operations. Therefore, he will be a proper person to consider the facts and circumstances. Further, in exercise of the appellate power, the appellate authority is entitled to draw entirely different conclusions than those drawn by the disciplinary authority, on re-appreciation of the evidence on record. In view of the inherent advantages contained, in allowing the appellate authority to re- examine the entire facts and circumstances of the case, I consider that the request made by the learned counsel for the writ petitioner to permit the petitioner to avail alternative remedy is more appropriate than this Court examining the correctness or otherwise of the orders passed by the Executive Officer on 11.12.2010. Hence, leaving it open to the writ petitioner to urge all such grounds and contentions which are available to him before the appellate authority and also seek for stay of operation of the impugned order, inasmuch as the writ petitioner has not been held as directly responsible for the noticed irregularities. It is needless to observe that the appellate authority will pay necessary attention to the appeal and decide the same as expeditiously as possible, preferably within a period of six months from the date of receipt of the same. In view of what has been stated at the Bar, this Writ Petition is disposed of, without expressing any opinion on merits of the case. No costs. ------------------------------------- NOOTY RAMAMOHANA RAO, J 23rd December 2010 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}