Telangana High Court
WP/23700/2004 of K. Chennakesava Reddy, Vs The Executive Director, C AND N, M.G.B.S., on 27 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No. 23700 of 2004 Between: K. Chennakesava Reddy, S/o. Chinna Pulla Reddy, Hindu, Aged
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION No. 23700 of 2004
Between:
K. Chennakesava Reddy, S/o. Chinna Pulla Reddy, Hindu, Aged about 54 years, Occ: Section Officer, O/o. Deputy Executive Engineer, Electricals, Kadapa, Kadapa District.
AND
..... PETITIONER
1 The Executive Director, C & N, M.G.B.S., Imblibun, Hyderabad - 12.
2 The Deputy Executive Engineer, Electricals, Kadapa, Kadapa District.
3 The Vice Chairman and Managing Director, A.P.S.R.T.C., Musheerabad, Hyderabad.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a Writ, order or direction more particularly one in the nature of Writ ofMandamus or any other appropriate Writ, declaring the proceedings No.PA/114(51)/03-ED(C&N) dated:28-6-2004 and proceedings No.PA/114(51)/03-ED(C&N) dated 14-5-2004 of the Ist respondent as illegal, arbitrary and unjust andconsequentially direct the respondents to repay the amount which was deductedand fix the pay with all consequential benefits.
Counsel for the Petitioner: MR.B.SHIVA KUMAR
Counsel for the Respondents: MR.P.VINAYAKA SWAMY
The Court made the following:
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ORDER:
Declaring the proceedings No.PA/114(51)/03-ED(C&N) dated28.06.2004 and Proceedings No.PA/114(51)/03-ED(C&N), dated14.05.2004 issued by the 1[st] respondent as illegal and arbitrary, thepresent writ petition is filed.
According to the learned Counsel for the petitioner, an appeal is filedbefore the Chairman and Managing Director of the respondentCorporation i.e. 3[rd] respondent herein, and it is pending. In respect ofthe same issue, the petitioner cannot be permitted to challenge theproceedings by filing alternative remedy. Since the appeal is pending,a direction is given to the 3[rd] respondent to pass appropriate orderson the appeal filed by the petitioner, within a period of two monthsfrom the date of receipt of a copy of this order.
The Writ Petition is, accordingly, disposed of.
dsrTo:
_________
27.12.2004
1. The Executive Director, C & N,
M.G.B.S., Imblibun, Hyderabad-12
2. The Deputy Executive Engineer,Electricals, Kadapa, Kadapa DistrictElectricals, Kadapa, Kadapa District
3. The Vice Chairman and Managing Director, APSRTC, Musheerabad, Hyderabad
4. Two CD copies.