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2012 Supreme(AP) 812

High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE NOOTY RAMAMOHANA RAO
K.B. Sankara Kumar
Versus
A.P. Industrial Infrastructure Corporation Ltd. & Others
Writ Petition No.29413 of 2010
Decided on : 05-09-2012

Advocates appeared:
For the Petitioners:G. Maloji Rao, Advocate.
For the Respondents:B.P. Mohan, Advocate.

Headnote:SERVICE LAW – Promotion - There is no legal right, guaranteed or otherwise to writ petitioner, which is sought to be infringed in the process - In absence of a legal right and in absence of failure to adhere to principle of natural justice or any statutory provision or apparent breach of any other statutory provision, writ of Mandamus cannot be issued.

Judgment :

This writ petition is instituted seeking a writ of mandamus for declaring the orders contained in Lr No.14349/Vig/A3/2006, dated 22.4.2010 of the 2nd respondent – Government of Andhra Pradesh and the consequential proceedings bearing No. 24431/PW/APIIC dated 5.11.2010 of the 1st respondent – APIIC Limited deciding to revert the petitioner from the post of Deputy Zonal Manager (DZM) – Asset Management (AM) to the next lower post of Manager (AM) illegal and contrary to APIIC Articles of Association, APIIC Staff Regulations and APIIC CDA Rules. The petitioner while was working as Manager (AM) at Visakhapatnam Zonal Office with the 1st respondent corporation, was promoted to the next higher post of DZM (AM) and was posted to Patancheru Zone through proceedings dated 7.6.2010 of the Executive Director of the 1st respondent corporation. Pursuant to the said orders, the petitioner joined and was serving as such from 9.6.2010 onwards. He was also placed on probation for a period of six months within a continuous period of one year from the date of joining and that he would be completing the said six months tenure by 8.12.2010.

The 3rd respondent while working as a Manager at Moulali Zone of the 1st respondent corporation, was placed under suspension from service on 11.9.2006 pending enquiry in to certain grave irregularities committed by him. After conducting an enquiry, the charges were held as established by the Enquiry Officer. The Vice-Chairman and Managing Director of the 1st respondent corporation accepted the Enquiry Report and awarded the punishment of reduction to a lower post on permanent basis on the respondent No.3. Consequently, the 3rd respondent has been reverted. Accordingly, the 3rd respondent came to be posted as Assistant Manager (Asset Management) falling within Vijayawada Zone on 13.03.2008. The 3rd respondent approached this court and instituted WP No. 7432 of 2008 challenging the said order of punishment. An interlocutory order was passed by this court on 13.3.2008 in WPMP No. 9776 of 2008 in the aforementioned writ petition staying the operation of the order passed on 13.3.2008 reverting the 3rd respondent to the lower post. Consequently, the 3rd respondent continued to function as Manager (Asset Management) at Vijayawada. However, during the pendency of WP No. 7432 of 2008, the 3rd respondent seems to have taken up the matter with the 2nd respondent – State Government for recalling the order of punishment imposed on him by the Vice Chairman and Managing Director of the 1st respondent corporation. The State Government intervened in the matter and passed orders on 22.4.2010 setting aside the order of punishment imposed by the Vice Chairman and Managing Director of the 1st respondent corporation on the 3rd respondent on 13.3.2008. Hence, the 3rd respondent seems to have withdrawn WP No. 9776 of 2008. Accepting view of the orders passed by the State Government on 22.4.2010, the 1st respondent corporation has drawn a show-cause notice through its proceedings dated 5.11.2010 calling upon the writ petitioner to show-cause as to why he be not continued in service as Manager (Asset Management) inasmuch as the case of the 3rd respondent is required to be considered for promotion as DZM (AM). Challenging this show-cause notice dated 5.11.2010 and the orders of the State Government dated 22.4.2010, this writ petition is instituted.

Heard Sri G. Maloji Rao, learned counsel for the writ petitioner and Sri B.P. Mohan, learned standing counsel for the first respondent/Corporation and Sri J. Prabhakar, learned counsel for the third respondent.

The principal objection raised on behalf of the respondents 1 & 3 is this. The writ petitioner lacks the necessary locus to mount a challenge to an order passed by the State Government on 22.04.2010 concerning the disciplinary action initiated by the first respondent/Corporation against the third respondent. Insofar as such proceedings are concerned, the writ petitioner is a














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