Telangana High Court
WP/24682/2004 of D. Satyanarayana, Vs The Food Corporation of India, on 31 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24682 of 2004 Between: 1 D. Satyanarayana, S/o. Vuyyuru, R/o. Tangallamudi, yadava Nagar,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 24682 of 2004
Between:
1 D. Satyanarayana, S/o. Vuyyuru,
R/o. Tangallamudi, yadava Nagar, Eluru-534005.
2 V. Pichaiah Chowdhary, S/o. V. Subba Rao, R/o. C/o. D. Satyanarayana, R/o. D.No.16-A-12, Tangallamudi, Yadava nagar, Eluru-534005.
3 Darsina Prabhakar Rao, S/o. Sri Chinnaiah, R/o. C/o. D. Satyanarayana, R/o. D.No.16-A-12, Tangallamudi, Yadava nagar, Eluru-534005.
4 Maganti Subba Rao, S/o. Sri M. Rama Rao, R/o. C/o. D. Satyanarayana, R/o. D.No.16-A-12, Tangallamudi, Yadava nagar, Eluru-534005.
(Petitioner 2 to 4 are R/o C/o D.Satyanarayana, R/o D.No.16-A-5-12, Tangallamudi,Yadava Nagar, Eluru – 534005).
..... PETITIONERS
AND
1 The Food Corporation of India, Zonal Office, Haddows Road, Chennai, rep. by its Zonal Manager.
2 The Senior Regional Manager, Food Corporation of India, A.P. Region, HACA Road, Saifabad, Hyderabad.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toIssue an order direction or writ particularly one in the nature of writ of mandamus orany other appropriate writ declaring the proceedings of the Sr. Regional Managerand the Appellate Authority in No. Vig 5 ( 13)/2004 dt. 10.11.2004 is illegal and arbitrary and consequently direct the respondents not to make any recovery from theVoluntary Retirement Scheme amounts due to the petitioners consequent on theirretirement (ii) direct the respondents to refund the amounts withdrawn from thevoluntary Retirement Scheme benefits together with interest at 24% per annum.
Counsel for the Petitioner:MR.G.VIDYASAGAR
Counsel for the Respondents: MR.B.ANJANEYULU (S.C. for F.C.I.)
The Court made the following :
THE HON’BLE SRI JUSTICE K.C.BHANU
Writ Petition No.24682 of 2004
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ORDER:
Challenging the order dated 10-11-2004 passed by the Senior Regional Managerand the Appellate Authority, the present Writ Petition is filed.
In the impugned order dated 10-11-2004 it is specifically stated that “Review Petitionagainst this order lies before the Zonal Manager, Chennai within 45 days of thereceipt of this order.”
Instead of filing the said review petition before the Zonal Manager, Chennai,petitioners filed the present Writ Petition.
Hence, the Writ Petition is devoid of merits and is, accordingly, dismissed. Thejurisdiction especially of the disciplinary authority as well as the appellate authorityin imposing punishment is not under challenge, so also it is not a case of violation ofprinciples of natural justice. Therefore, the writ petitioners are at liberty to file reviewpetition against the order impugned before the Zonal Manager, Chennai. No costs.
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K.C.BHANU, J.
To
1 The Zonal Manager, the Food Corporation of India, Zonal Office, Haddows Road, Chennai. Haddows Road, Chennai.
2 The Senior Regional Manager, Food Corporation of India, A.P. Region, HACA Road, Saifabad, Hyderabad.
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