IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9960 of 2008 Between: P. Niranjan, Driver, Staff No. E-281406, S/o. China Lingayya Vinayak Nagar Colony, Achampet, Mahaboobnagar District. ..... PETITIONER AND The Depot Manager, APSRTC, Atchampet Depot, Mahaboobnagar District. .....RESPONDENT 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 order or direction more particularly one in the nature of writ of Mandamus declaring that the order of the Respondent in APSRTC No.P1/1/(610/07-ACPT dt. 6-11-2007 is absolutely illegal, null and void ab-initio and unenforceable and consequently to direct the respondent to take the petitioner into service with all service benefits of continuity of service back wages and all other attendant benefits. Counsel for the Petitioner:MR.S.I.VARAHA GIRI Counsel for the Respondents: . The Court made the following : ORDER: The petitioner was employed as a Driver in the Achampet depot of APSRTC. Disciplinary proceedings were initiated against him, by serving a charge sheet, dated 14.06.2006. Domestic enquiry was conducted and on the basis of the findings recorded in the enquiry report, dated 09.11.2006, further show cause notice was issued on 07.06.2007. On considering the representation of the petitioner, the respondent passed an order, dated 06.12.2007, directing his removal from service. Aggrieved thereby, the petitioner preferred an appeal before the Divisional Manager, Mahaboobnagar. This Writ Petition is filed assailing the order of removal itself, by raising certain grounds. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent. Strenuous effort is made by the learned counsel for the petitioner to impress this Court that there was absolutely no basis for the respondent to remove the petitioner from service and that several factual errors have crept into the orders. Howsoever strong the grounds pleaded by the petitioner may be, he has to plead them before the appellate authority. Once an appeal preferred by the petitioner is pending, the Writ Petition cannot be maintained. Hence, the Writ Petition is dismissed, but directing the appellate authority to dispose of the appeal, preferred by the petitioner, within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY,J. Dated:23.06.2008 GJ