Telangana High Court
WP/24655/2004 of B.Krishnaiah Vs Food Corporation of India on 29 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24655 of 2004 Between: B.Krishnaiah s/o Ramaiah Buffer Storage Depot, Food Corporation
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANUWRIT PETITION NO : 24655 of 2004
Between:
B.Krishnaiah s/o Ramaiah
Buffer Storage Depot, Food Corporation of India, cherlapalli , R/o Hyderabad.
AND
..... PETITIONER
1 Food Corporation of India Regional Office, HACA Bhawan, Hyderabad. rep.by its Senior Regional Manager.
2 The District Manager Food Corporation of India District Office, Nalgonda.
3 The District Manager, Food Corporation of India, Tarnaka, 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 pleasedto Issue a writ, order or direction more particularly one in the nature of Writ ofMandamus or any other appropriate writ (i) declaring the action of therespondents in ordering for recovery of money from the petitioner towardstransit losses, full bag shortages without conducting detailed enquiry asrequired under Rule 58 of the F.C.I Staff Regulations, 1971 is illegal; (ii) declarethe proceedings no. VIG. 3(1)/2001, dt. 09/11/2004 issued by the 2nd Respondent as illegal, arbitrary; andconsequently set aside the same.
Counsel for the Petitioner: MR.G.VIDYASAGAR
Counsel for the Respondents: MR.B.ANJANEYULU
The Court at the admission stage, made the following:
WRIT PETITION NO : 24655 of 2004
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ORDER:
At the request of the learned counsel appearing on both sides, the main writpetition is taken up for hearing and disposal.
2. Questioning the order No.VIG.3(1)/2001, dated 09-11-2004 issued by the 2[nd] respondent, this writ petition is filed.
3 . It is brought to the notice of this Court by the learned Standing Counselappearing for the respondents that as against the impugned order, statutoryappeal lies to the 1[st] respondent within forty five days from the date of receiptof the said order. The learned standing counsel also submitted that till thedisposal of the appeal, they will not pursue the recovery of monthly instalmentsfrom the petitioners.
4. Therefore, without going into the merits of the case as there is a statutoryright of appeal against the impugned order, this Court is of the view that thepetitioners can as well avail the said remedy by filing the appeal before thecompetent authority.
5. In the result, the writ petition is disposed of directing the petitioners to filestatutory appeal before the competent authority, which shall be considered anddisposed of by the appellate authority within three months from the date of filingof the appeal. In the mean while, the respondents are directed not to recoverthe monthly instalments from the petitioners in pursuance of the impugnedproceedings. No costs.
December 29, 2004
Kvr
To
1 The Regional Manager,
Food Corporation of India Regional Office, HACA Bhawan, Hyderabad.
2 The District Manager Food
Corporation of India
District Office, Nalgonda.
3 The District Manager, Food Corporation of India, Tarnaka, Hyderabad.
4. 2 C.D copies.