Telangana High Court
WP/24507/2004 of D.S.N.V.M.S. Kumar, Vs The Depot Manager, APSRTC, on 29 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24507 of 2004 Between: D.S.N.V.M.S. Kumar, S/o Peda Kapu, Post Mogalthurthi, Mandal
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANUWRIT PETITION NO : 24507 of 2004
Between:
D.S.N.V.M.S. Kumar, S/o Peda Kapu,Post Mogalthurthi, Mandal Mogalthurthi, Near Masjid, West Godavari District.
..... PETITIONER
AND
The Depot Manager, APSRTC,
Narasapuram Depot, West Godavari District.
.....RESPONDENT
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleasedto issue a Writ, Order or Direction more particularly one in the nature of Writ ofMandamus declaring the Proceedings No. E2/1 (9)/2004-NSP Dated 9-12-2004issued by the Respondent in removing the petitioner from service as Conductoras perverse, arbitrary, illegal, contrary to law in violation of Principles ofNatural justice and also in violation of C.C. & A Regulations, 1967, and also inviolation of Articles 14 and 21 of the Constitution of India consequently setaside the same.
Counsel for the Petitioner: MR.P.SRIDHAR RAO
Counsel for the Respondent: MR.R.MANMADHA REDDY
The Court at the admission stage, made the following :
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 24507 of 2004
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ORDER:
Challenging the proceedings No.E2/1 (9)/2004-NSP dated 09-12-2004 inremoving the petitioner from service as Conductor, the present writ petition isfiled.
2. The learned counsel for the petitioner contended that in spite of submittingMedical Certificate, the respondent has not considered the case of thepetitioner and the order under challenge is perverse.
3 . The learned standing counsel appearing for the respondent opposed thesame on the ground that the petitioner has a remedy to file an appeal againstthe impugned proceedings. But instead of availing the remedy by filing astatutory appeal before the appellate authority, the petitioner filed this writpetition.
4. No doubt the alternative remedy is not a bar for exercising the jurisdiction ofthis Court under Article 226 of the Constitution of India. But at the same timethe jurisdiction of the impugned proceedings is not under challenge. Therefore,in the fitness of things, I deem it consider to dispose of the writ petition with adirection.
5. Accordingly, the writ petition is disposed of with a direction to the petitionerto file a statutory appeal before the appellate authority and thereafter the appealhas to be disposed of by the appellate authority in accordance with law within aperiod of two months from the date of filing of the appeal on considering thecontentions and explanation submitted by the petitioner. In the circumstances,there shall be no order as to costs.
December 29, 2004
Kvr
To
1. The Depot Manager, APSRTC, Narasapuram Depot, West GodavariDistrict.
2. 2 C.D copies.