IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.8397 OF 2011 Date:27.04.2011 Between:- Sk.Azam .. Petitioner And A.P.State Housing Corporation Ltd., rep.by its Managing Director, Hyderabad and another. .. Respondents ORDER:- This Writ Petition is filed to issue a writ of mandamus to declare the action of the respondents in issuing proceedings in Rc.No.60/2008-H2, dated 04.02.2010, awarding punishment of stoppage of two annual increments with cumulative effect and recovery of Rs.2,45,140/- as illegal, arbitrary and consequently, direct the respondents to release all the consequential benefits. 2. The case of the petitioner is that he was appointed on consolidated pay as Work Inspector on 27.04.1987 in respondent No.2 Unit and his services were regularized as Work Inspector on 07.08.1996. He was designated as Technical Works Inspector (TWI) by proceedings in Rc.No.84/07/H2, dated 24.03.2007, and was allotted Bellamkonda Mandal, Guntur. T.W.I. was also called as Mandal Incharge (M.I.C.). The appointing authority/disciplinary authority for the post of Work Inspector is respondent No.1. The petitioner was kept under suspension by respondent No.2 by proceedings No.60/08-H2, dated 16.02.2008, pending disciplinary proceedings on the ground of financial irregularities in payment of Bills and issuance of cement to the beneficiaries under Indiramma Programme and by the proceedings in Rc.No.60/2008-H2, dated 28.02.2008, a charge memo was issued in which number of irregularities were alleged to have been committed by the petitioner. No separate enquiry was conducted. The verification of the records has not been done in his presence. The Enquiry Officer has submitted his report, dated 15.05.2008, that he has released cash payments and issued the value of cement to a tune of Rs.2,45,140/- irregularly to the beneficiaries of Bellamkonda village. There was no cash transaction involved and the amounts are credited to the accounts of the beneficiaries directly by the Bank. In pursuance of the Enquiry Report, a show cause notice, dated 14.05.2008, was issued. Respondent No.2 issued proceedings in Rc.No.60/2008-H2, dated 18.07.2008, directing him to remit Rs.2,45,140/-. He filed W.P.No.18219 of 2008 questioning the proceedings, dated 14.05.2008. Interim stay of all further proceedings was granted. He made representation to respondents to reinstate him into service with all consequential benefits. As respondents did not consider his representations, he filed W.P.No.14802 of 2009. During the pendency of the writ petition, respondents have reinstated him into service without consequential benefits. Hence, he filed Contempt Case No.329 of 2010. Then respondent No.2, by proceedings in Rc.No.60/2008-H2, dated 04.02.2010, awarded punishment of stoppage of two annual increments with cumulative effect and recovery of Rs.2,45,140/-. He filed an appeal to respondent No.1 on 02.03.2010 through proper channel on various grounds including on the ground of jurisdiction. Though he filed the appeal more than one year prior to the filing of the writ petition, respondent No.1 has not disposing of the appeal. 3. Heard both sides. 4. Learned counsel for the petitioner contended that an appeal, dated 03.06.2010, is pending before respondent No.1 and respondent No.1 is not disposing of that appeal. 5. Against the punishment of stoppage of two annual increments, the petitioner cannot be permitted to prosecute two parallel proceedings on the same cause of action. Where a statute creates a right and also prescribes the remedy or procedure for the enforcement of that right, resort must be had to the said statutory remedy before invoking extraordinary writ jurisdiction of this Court under Article 226 of Constitution. Therefore, respondent No.1 is directed to dispose of the appeal, dated 03.06.2010, in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 27th April, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.8397 OF 2011 Date:27-04-2011 AMD