HON'BLE SRI JUSTICE G.CHANDRAIAH & HON’BLE SRI JUSTICE CHALLA KODANDA RAM W.A. No. 703 of 2014 DATE: 29.04.2014 Between:
The Andhra Pradesh State Seeds Development Corpn. Ltd. .. Appellant And C. Roop Kumar and another .. Respondents JUDGMENT:- (per Hon’ble Sri Justice Challa Kodanda Ram) This Writ Appeal is directed against the order dated 05.03.2014 passed the learned Single Judge of this Court in W.P.No. 5792 of 2014.
As could be seen from the operative portion of the impugned order, the 2nd respondent herein was directed to dispose of the appeal filed by the writ petitioner by passing appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of the order and till the disposal of the appeal, no recovery shall be made from the salary of the writ petitioner.
Heard the learned counsel for both the parties and perused the material placed on record.
Even though the learned Standing Counsel for A.P.S.S.D.C.L appearing on behalf of the appellant has strenuously contended that the writ petitioner is found guilty of the charges leveled against him in the disciplinary enquiry and thereby recovery of Rs.29,11,667/- from his salary is being effected based on the punishment imposed on him, this Court is of the view that the interim stay of recovery of the amount from the salary of the petitioner as observed in impugned order is only pending adjudication of the appeal filed before the 2nd respondent and not for any extraneous reasons and there is no embargo on the appellate authority to consider and dispose of the appeal filed by the writ petitioner in accordance with law. Therefore, the order of the learned Single Judge, in our considered opinion, is an innocuous order and we do not see any reason to interfere with it.
In that view of the matter, the Writ Appeal is devoid of merits and accordingly dismissed. No order as to costs.
As a sequel to the dismissal of the writ appeal, miscellaneous petitions, if any pending, shall stand disposed of as infructuous.
G. CHANDRAIAH, J 29.04.2014
bcj
RAM,J CHALLA KODANDA