The High Court dismissed the writ petition challenging the petitioner's removal as Secretary, holding that the remedy of appeal under bye-law No. 12 to the District Collector must first be exhausted before approaching the Court.
Writ petition dismissed; petitioner to avail remedy of appeal under bye-law 12.
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HON'BLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION NO : 22262 of 1999
Dated 18th April, 2007
Between
D.Sreedhar
…Petitioner
and
The Primary Agricultural Cooperative society Limited, Nachepally, Nelakondapally Mandal, Khammam District, Rep. By its President, and anr.
…Respondents.
THE HON'BLE MR JUSTICE R.SUBHASH REDDY
WRIT PETITION NO : 22262 of 1999
ORDER:
In this Writ Petition, the petitioner has questioned the order of removal from the service as Secretary of the Primary Agricultural Cooperative Credit Society Limited, Nachepally in Khammam District.
The service conditions of the employees of the Primary Agricultural Credit Cooperative Societies are governed by the special bye-laws and as per the approved bye-laws, against the order of removal and dismissal, remedy of appeal is provided under bye-law No.12 to the District Collector. In that view of the matter, there is no special reason to entertain this Writ Petition bypassing the remedy of
appeal. In that view of the matter, the Writ Petition is dismissed keeping open to the petitioner to avail remedy of appeal. No order as to costs.
JUSTICE R. SUBHASH REDDY
DATE: 18-4-2007. Msnr.
2 issues framed by the court
Whether the writ petition challenging removal from service is maintainable by bypassing the statutory appeal remedy.
Whether the High Court should entertain the writ petition when a remedy of appeal exists under the bye-laws.
D.Sreedhar
The Primary Agricultural Cooperative society Limited, Nachepally
R SUBHASH REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
