Telangana High Court
WP/23666/2004 of Y. Dayanandam, Vs Superintending Engineer, Operation, on 28 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 23666 of 2004 Between: Y. Dayanandam, S/o. Yellaiah, Hindu, LDC/RC, Northern Power
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 23666 of 2004
Between:
Y. Dayanandam, S/o. Yellaiah,
Hindu, LDC/RC, Northern Power Distributing Company, Andhra Pradesh.
H.No. 3-16-170, Plem, Hanamkonda, Warangal.
..... PETITIONER
AND
1 Superintending Engineer, Operation, NPDCL, Warangal.
2 Divisional Engineer, C &O, NPDCL, Mulug.
3 Divisional Engineer/ Engineers, NPDCL, Warangal O/o. Corporate Office, Hanamakonda, Warangal District.
.....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 a Writ order or direction more particularly in the nature of WRIT OFMANDAMUS declaring the action of the 1st respondent herein awarding thepunishment of "Continuing him at the lowest of the time scale for the next ten yearsbesides treating the period of suspension as suspension limited to the subsistenceallowance already paid" vide Memo No. SE/OP/WGL/ESTT/U/D.No.1839/2004dated 20-10-2004 as arbitrary, illegal, unjut, contrary to law, violative of fundamentalrights guaranteed under Article 14, 16, 21 and 300A of the Constitution of India andissue a consequential direction to set-aside the same.
Counsel for the Petitioner: MR.SIVALENKA RAMACHANDRA PRASAD
Counsel for the Respondent Nos.1 to 3: MR.S.RAVINDRANATH, STANDINGCOUNSEL
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ORDER:
Challenging the memo No. SE/OP/WGL /ESTT/41/D.No.1839/2004dated 20.10.2004 awarding the punishment of continuing thepetitioner at the lowest of the time scale for the next ten yearsbesides treating the period of suspension as suspension limited tothe subsistence allowance already paid, the present writ petition isfiled.
It is not disputed by the learned counsel appearing for both theparties that an appeal lies to an authority in accordance with theRules.
Therefore, without entering into the merits of the case, the writ petitionis disposed of with a direction to the petitioner to file an appeal beforethe appellate authority, within a period of two weeks from the date ofreceipt of a copy of this order. After filing of the appeal, the same shallbe disposed of within fifteen days. Till then, status-quo obtaining ason today shall be maintained.
___________
bsv
TO
1 The Superintending Engineer, Operation, NPDCL, Warangal.
2 The Divisional Engineer, C &O, NPDCL, Mulug.
3 The Divisional Engineer/ Engineers, NPDCL, Warangal O/o. Corporate Office, Hanamakonda, Warangal District. O/o. Corporate Office, Hanamakonda, Warangal District.
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