Petitioner challenged removal from service via mandamus. Court observed an alternative internal appeal forum exists and dismissed the writ petition, granting liberty to approach that forum.
Writ petition disposed; liberty to approach CDS-APARD within thirty days to avail alternative remedy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE
PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 25814 of 2008
Between:
S.Saidulu S/o. Pentaiah, MREGS. Mandal Praja Parishad, Chityal, Nalgonda District.
..... PETITIONER
AND
1 The Special Commissioner Central for Development Studies, A.M.R. –APARD, Rajendernagar, Hyderabad.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus calling for the records relating to the Procd. No. E1/340/EGS/2008 dt. 17-11-2008 issued by the 2nd respondent and declare the same as illegal, arbitrary and contrary to the enquiry report and also is of without jurisdiction and pass
Counsel for the Petitioner:MR.P.RAGHAVENDRA REDDY
Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV.
The Court made the following :
ORDER
This writ petition has been filed by S.Saidulu assailing the order dated 17.11.2008 passed by the
District Collector/DPC NREGS-AP, Nalgonda District whereby and whereunder the petitioner came to be
removed from service as per the contract agreement of appointment.
When the writ petition came up for admission, learned Government Pleader for Panchayat Raj received notice on behalf of R2 to R5 and Sri G.Elisha received notice on behalf of R6.
order impugned in the writ petition.
In that view of the matter, the writ petition is disposed of reserving liberty to the petitioner to avail the alternative remedy of
to CDS-APARD, Hyderabad within a period of thirty days from today. No costs.
Note: Issue CC by one week (B.O) rkk
__________ 13-02-2009
1 issue framed by the court
Whether the petitioner can approach the High Court via special leave under Article 226 when an alternative internal appeal forum exists?
1 provisions across 1 enactments
S. Saidulu
Special Commissioner Central for Development Studies
District Collector
Project Director
Addl. Project Director NREGS
Revenue Divisional Officer
B. Seshasayana Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
