IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.11064 OF 2011 Date:21-04-2011 Between:- G.Ramana Kumar .. Petitioner And The A.P.Power Generation Corporation Limited, rep.by its Chairman and Managing Director, Vidyut Soudha, Somajiguda, Hyderabad and others. .. Respondents THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.11064 OF 2011 ORDER: This Writ Petition is filed to issue a writ of mandamus declaring the impugned memo No.CGM(A)/DS(A)/AS(V&R)(T)/PO-B/VC1- 401/09, dated 15.03.2011, issued by respondent No.3 as illegal and arbitrary and set aside the same, and consequently, to direct the respondents to reinstate and continue the petitioner in service with all other consequential benefits. 2. The brief facts that are necessary for the disposal of the present petition may be stated as follows: The petitioner is working as Sub Engineer in the respondent corporation. He applied for leave from 23.08.2007 to 30.09.2007 for the purpose of construction of his house. In the meantime, he suffered from severe back pain. On the advice of doctors, he was under medication rest upto 27.11.2008. Thereafter, he extended the leave and the same was informed to his Controlling Officer through fax. Consequent upon his recovery from illness, he expressed his willingness to join duty on 28.11.2008 duly enclosing his medical certificates. In the meantime, respondent No.6, who is an Enquiry Officer, issued a charge sheet duly framing articles of charges alleging that he was unauthorisedly absent from duty for a period of one year, which attracts penalty of dismissal from service. Having received the charge sheet, the petitioner submitted his explanation categorically pleading all the factual aspects. Without considering his submissions, respondent No.3 issued the impugned memo dated 15.03.2011. 3. Learned counsel for the petitioner contended that as per the rules and regulations governing the service conditions of the petitioner, the Enquiry Officer has no authority to frame the articles of charge and therefore, the impugned memo is liable to be set aside. 4. On the other hand, learned counsel for the respondents contended that as per the rules and regulations of the A.P.Power Generation Corporation, the Appointing Authority has to frame the charge and appoint an Enquiry Officer in case of misconduct on the part of the employee. 5. The factual matrix is not in dispute. As per the impugned memo, the Enquiry Officer framed the articles of charge for which he has no authority to frame the articles of charge as per the rules and regulations governing the service conditions of the petitioner. The Appointing Authority alone is competent to frame charges against the employee in case of any misconduct, allegedly committed by the employee of the Corporation. Therefore, the impugned memo is liable to be set aside. 6. The Writ Petition is allowed setting aside the impugned memo No.CGM(A)/DS(A)/AS(V&R)(T)/PO-B/VC1-401/09, dated 15.03.2011, issued by respondent No.3. However, this order will not preclude the Appointing Authority from issuing charge sheet by framing articles of charge as per the rules and regulations governing the service conditions of the petitioner. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 21st April, 2011 Note:- Issue operative portion of the order by wire. B/O AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.11064 OF 2011 Date:21-04-2011 AMD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.11064 OF 2011 Date:21-04-2011 Between:- G.Ramana Kumar .. Petitioner And The A.P.Power Generation Corporation Limited, rep.by its Chairman and Managing Director, Vidyut Soudha, Somajiguda, Hyderabad and others. .. Respondents