WP/39056/2013 of J.N. Siva Prasad S/o. Late Basavaiah, Vs The District Collector (SW) on 31 December 2013

ORDER:

(Per Hon’ble Sri RSR, J.)

1 Petitioner herein is Hostel Welfare Officer ofGovernment Social Welfare Boys Hostel, Gonegandla,Kurnool district. He was placed under suspension pendingenquiry, on certain allegations. The order of suspension,dated 11.12.2013 passed in proceedings No.A.1/226/2013by the Collector & District Magistrate, Kurnool refers to thefollowing allegations:

1. “The HWO, SW Boys Hostel, Gonegandla isnot providing food as per menu and not taking careabout their welfare.

2. The HWO is not regular to his duties. Whenever he visit the hostel he is used to stay therefor one hour and leaving the hostel.

3. The food served to the boarders is withcomplete Red mirchi without vegetables, the rice isfull of worms. Rice is being prepared without propercleaning.

4. Eggs and bananas are not suppying as permenu instead of 6 (six) times in a week to the hostelboarders.

5. The inmates are suffering without sufficientdrinking water.

6. The cosmetic charges are not paid to theboarders since (2) months.

7. Since the HWO is not residing at HeadQuarters the Class-IV employees of the hostel areilltreating & harassing the boarders.

8. The Note books, glasses and plates and also bed sheets not supplied to the boarders.

9. The HWO has failed to supply ragi malt &snacks to the boarders as per menu.

10. The HWO has not paid the building rentproperly to the building owner and not evenresponded to submit the details of drawal anddisbursement particulars of hostel building rent to thehead office since long time.

11. The HWO has not paid the payment of foodprovisions to M/s Raja Ramesh Traders, Yemmiganurfor the months of June, 2013 and July 2013 as on thedate and a total amount of Rs.42,500/- is still pendingas per the representation of the above firm.”

2 Questioning the said proceedings, the petitionerapproached the Tribunal by way of filing O.A.No.8818 of2013 under Section 19 of the Administrative Tribunals Act,1985. While admitting the said O.A, the Tribunal refused tosuspend the order passed by the first respondent herein.

3 In this Writ Petition, the learned counsel for thepetitioner contended that all the allegations are false,fictitious and concocted only to accommodate some otherperson in the place of the petitioner.

4 Whether the allegations are true or not is a matter tobe decided during enquiry. But it is not for this Court to gointo the same. Having regard to the nature of allegationsmade, this Court is of the view that enquiry which wasordered in the matter be expedited so as to take decision bythe competent authority.

5 In view of the reasons recorded by the Tribunal andhaving regard to the nature of the allegations referred in the order of suspension, dated 11.12.2013, we are not inclinedto suspend the order passed by the first respondent, asprayed for. But at the same time, we deem it appropriate todispose of the Writ Petition with a direction to the respondentauthorities to complete the enquiry as expeditiously aspossible, preferably, within a period of two months from thedate of receipt of a copy of this order.

6 Subject to the above direction, this Writ Petition isdisposed of. No order as to costs. As a sequel, pendingmiscellaneous applications, if any, shall stand closed.

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R. SUBHASH REDDY, J.

Date: 31.12.2013Kvsn*

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A. SHANKAR NARAYANA, J.