WP/9495/2020 of Rajender Prasad Kapoor Vs The Union of India on 31 December 2024

1. The Union of lndia, Rep by its Director Central Hindi Directorate Ministry ofHuman Resources Development West Block Vll Ramakrishnapuram, NewDelhi 1 10066Human Resources Development West Block Vll Ramakrishnapuram, NewDelhi 1 10066

2Hindi Prachar Sabha Hyderabad, Rep by its General Secretary, Sriram HindiBhavan, L.N Gupta Marg, Nampally Station Road, Hyderabad, T.S.Bhavan, L.N Gupta Marg, Nampally Station Road, Hyderabad, T.S.

3Hindi Prachar Sabha Hyderabad, Rep by J. Prem Kumar, Sriram HindiBhavan, L.N Gupta Marg, Nampally Station Road, Hyderabad, T.S.Bhavan, L.N Gupta Marg, Nampally Station Road, Hyderabad, T.S.

...RESPONDENTS

Petition under Article 226 ot lhe Constitution of lndia [praying ]that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue Writ, Order or direction more particularly one in the nature ofWRIT OF MANDAMUS declaring the action of the Respondents [passing ]officesuspension order vide Letter No.925/2019 dated 02-12-2019 witout following dueprocess and suspending the petitioner from the post of office secretary of HindiPrachar Sabha Hyderabad is illegal, arbitrary, in violation of Articles 14,21 and300-4 of Constitution of lndia, besides in violation of [principles ]of natural [justice]

and consequently set aside the suspension Order vide Letter No.925/20 19 datedo2-12-2019.

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased tosuspend the suspension order vide Letter No.925/201 I dated 02-'12-2019 issuedin favour of the Petitioner and direct the Respondents to release the salary fromthe month of December 2019 till date, pending disposal of the above writ petition.

lA NO: 2 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased toreceive copy of Order dated 17 -O3-2O20 passed in lA.No.1't 2 ot 2O2O inSOP.No.61 ol 2019 by the Hon'ble Xl Additional Chief Judge City Civil Court,Hyderabad as additional material paper in W.P.No.8B21 of 2020, in the interest ofjustice.

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased toreceive copies of 1 Order daled 2010312O'19 passed in lA No 1 of 2018 in CMA No748 ot 2018,2 Judgement dated 08/06/2020 passed in CMAS No 748 of 2018, 3Order dated 1811212019 passed in WP No 15766 of 2019 (4) FIR No 12412018dated 0410712018 (5) Police Complaint dated 0211212019 (6) Constitution of HindiPrachar Sabha Bye Laws dated 1910211961 (7) GOMS No 124 dated22107l1970(8) GOMS No 124 daled 1311012003, (9) Letter dated 1410712020 along withTranslation (10) Letter daled 2710712020 with neat copy (11) Letter dated1010812020 as additional material paper in W P No 9495 of 2020 in thq interest ofjustice.the affidavit filed in support of the petition, the High Court may be pleased toreceive copies of 1 Order daled 2010312O'19 passed in lA No 1 of 2018 in CMA No748 ot 2018,2 Judgement dated 08/06/2020 passed in CMAS No 748 of 2018, 3Order dated 1811212019 passed in WP No 15766 of 2019 (4) FIR No 12412018dated 0410712018 (5) Police Complaint dated 0211212019 (6) Constitution of HindiPrachar Sabha Bye Laws dated 1910211961 (7) GOMS No 124 dated22107l1970(8) GOMS No 124 daled 1311012003, (9) Letter dated 1410712020 along withTranslation (10) Letter daled 2710712020 with neat copy (11) Letter dated1010812020 as additional material paper in W P No 9495 of 2020 in thq interest ofjustice.

Counsel for the Petitioner : SRI M.A.K.MUKHEED

counselfor the Respondent No.1:

3I]""4:lE[ivEEN

KUMAR,

Counsel for the Respondent No.2&3 : SRI J.VENKAT NARSIMHA REDDY

W.P.No.9492 OF 2020

Between:

H. Anand kumar, S/ o Late H. Gyaneshwar Rao, Aged about 54 years, Occ.Superintendent, Fl/ o H. No.3 - 1 - 54, Jamala Basti, Nimboliadda, Near A.K.Bhavan, Kachiguda.Hydetabad - 27

...PETITIONER

AND

1. The Union of lndia, Rep by its Director Central Hindi Directorate Ministry ofHuman Resources Development West Block Vll Ramakrishnapuram NewDelhi 1 10066Human Resources Development West Block Vll Ramakrishnapuram NewDelhi 1 10066

2. Hindi Prachar Sabha Hyderabad, Rep by its General Secretary, Sriram HindiBhavan, L.N Gupta Marg, Nampally Station Road, Hyderabad, T.S.Bhavan, L.N Gupta Marg, Nampally Station Road, Hyderabad, T.S.

3. Hindi Prachar Sabha Hyderabad,, Rep by J. Prem Kumar, Sriram HindiBhavan, L.N Gupta Marg, Nampally Station Road,,l'lyderabad, T.S.Bhavan, L.N Gupta Marg, Nampally Station Road,,l'lyderabad, T.S.

(R- rs FoRMAL PARTY)

...RESPONDENTS

Petition under Article 226 ot the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue Writ, Order or direction more particularly one in the nature ofWRIT OF MANDAMUS declaring the action of the Respondents issuingsuspension order in form of office notice vide Letter No.965/2020 dated0410112020 without following due process of law not allowing the Petitioner todischarge his duties in Hindi Prachar Sabha Hyderabad is illegal, arbitrary, inViolation of Articles 14,21 and 300 - A of Constitution of lndia, besides in violationof principles of natural [justice ]and consequently set aside the suspension Ordervide Letter No.965/2020 dated O4lO1l2O20.

Petition under Section ['151 ]CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be.pleased toreceive copies of ('1) Order dated20lO3l2O19 passed in l. A No.1 oI 2A1B in CMANo. 748 ol 2018 (2) Judgment dated 08/06/2020 [passed ]in CIVAS No. 748 of2018, (3) Order dated 1811212019 passed in W.P. No. ['15766 ]of 2019 (4) FIR No.12412018 dated 1410712018 (5) Police Complaint dated 0211212019 (6)Constitution of Hindi Prachar Sabha (Bye Laws) dated 1910211961 (7) GOMS No.

I

1415 dated 2210711570 (B) GOMS No. 124 dated 1311012003 (9) Letter dated1410712020 along with Translation ('10) Letter dated 271O712020 with near copy(11) Letter dated 10/08/2020 (12) Auditors Letter dated 2210812019 as additionalmaterial paper in W.P. No 9492 of 2020 in the interest of justice.

lA NO: 1 OF 202A

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased tosuspend the suspension order vide Letter No.965/2020 dated 04-01-2020 issuedin favour of the Petitioner without following due process of law and direct thethe affidavit filed in support of the petition, the High Court may be pleased tosuspend the suspension order vide Letter No.965/2020 dated 04-01-2020 issuedin favour of the Petitioner without following due process of law and direct theRespondents to release the salary from the month of December 2019 till date,pending disposal of the above writ petition.pending disposal of the above writ petition.

IA NO: 2 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased tothe affidavit filed in support of the petition, the High Court may be pleased toreceive copy of Order dated 17-O3-2O2O passed in lA.No.112 of 2O2O inSOP.No.6l of 2Ol9 by the Honble Xl Additional Chief Judge City Civil Court,Hyderabad as additional material paper in W.p.No.9492 ol 2O2O, in the interestof [justice.]of [justice.]

Counsel for the Petitioner : SRI D.RAMAKRISHNA

counsel for the Respondent No.1: KUMAR,39]r"d?lEIAVEEN

Counsel for the Respondent No.2&3: SRI J.VENKAT NARSIMHA REDDYW.P.No.9495 OF 2020

Between:

fajender [Prasad Kapoor, S/o ][Veerender ][Prasad Kapoor ][Aged ][about ][46]years, Occ.Assistant Superintendent, R/o H.No.20-2-621, Hussaini Alain, Baragalli,l-{yderabad -64

...PETITIONER

AND

1. The Union of lndia, Rep by its Director Central Hindi Directorate [Ministry ][of]Human Resources Development West Block Vll Ramakrishnapuram NewDelhi 1 10066Human Resources Development West Block Vll Ramakrishnapuram NewDelhi 1 10066

2. Hindi Prachar Sabha Hyderabad, Rep by its General Secretary, Sriram HindiBhavan, L.N Gupta Maig, Nampally Station Road, Hyderabad, T.S.Bhavan, L.N Gupta Maig, Nampally Station Road, Hyderabad, T.S.

3. Hindi Prachar Sabha Hyderabad, Rep by J. Prem Kumar, Sriram HindiBhavan, L.N Gupta Marg, Nampally Station Road, Hyderabad, T.S.Bhavan, L.N Gupta Marg, Nampally Station Road, Hyderabad, T.S.

(R- rs FoRMAL PARTY)

,..RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be [pleased]to issue Writ, Order or direction more particularly one in the nature of WRIT OFMANDAMUS declaring the action of the Respondents not allowing the Peittioner todischarge the lawful duties as Assistant Superintendent (Examination Department)in Hindi Prachar Sabha Hyderabad without following any due process of law isillegal, arbitrary, in violation of Articles 14,21 &,300-A of Constitution of lndia,besides in violation of principles of natural [justice ]and consequently direct theRespondents to allow the Petitioner to discharge his lawful duties (ExaminationDepartment) in Hindi Prachar Sabha Hyderabad.

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased toreceive copies of (1) Order dated 2OtO3l2O19 passed in lA No. 1 of 2018 in CMANo. 748 ot 2018, (2) Judgement dated 08/06/2020 passed in CIt/lAS No. 748 of2018, (3) Order dated 1811212019 passed in WP No. 15766 of 2019 (4) FIR No.12412018 dated 0410712018 (5) Police Complaint daled 0211212019 (6) Constitutionof Hindi Prachar Sabha (Bye Laws) dated 1910211961 (7) GOMS No. 124 dated2210711970 (B) GOMS No. 124 dated 13/1O12003, (9) Letter daled 1410712O20along with Translation (10) Letter dated 2710712020 with neat copy (1i ) Letterdated 10/08/2020 as additional material paper in W. P. No. 9495 of 2020 in theinterest of [justice.]

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the [petition, ]the High Court may be [pleased ]to direct the Respondents to allow the Petitioner to discharge his lawful duties (ExaminationDepartment) in Hindi Prachar Sabha Hyderabad and pay all the arrears to thePetitioner from the month of December 2019 till date, pending disposal of theabove writ petition.

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased pleasedto receive copy of Order dated 17 -03-2020 passed in lA.No.112 of 2020 inSOP,No.61 of 2019 by the Honble Xl Additional Chief Judge City Civil Court,Hyderabad as additional material paper in W.P.No,9495 ol 2020, in the interest ofjustice.

Counsel for the Petitioner : SRI POODATTU AMARENDER

counsel for the Respondent No.1: KUMAR,|Il.A%E[tvEEN

Counsel for the Respondent No.2&3: SRI J.VENKAT NARSIMHA REDDYW.P.No.3898 OF 2021

Between:

H. Anand Kumar, S/o H.Gyanehshwar Rao (Late), Aged about 55 years, WaSuperintendent, Hindi Prachar Sabha, Hyderabad, Rl/o 3-1-54, Jamal basthi, NimboliAdda, Kachiguda, Hyderabad

...PETITIONER

AND1. The Hindi Prachar Sabha, Hyderabad, rep., by its Pradhan Mantri/ GeneralSecretary, Sri Ram Hindi Bhavan, LN Gupta Marg, Nampally station road,Hyderabad.1. The Hindi Prachar Sabha, Hyderabad, rep., by its Pradhan Mantri/ GeneralSecretary, Sri Ram Hindi Bhavan, LN Gupta Marg, Nampally station road,Hyderabad.

2. The Union of lndia, rep., by its Director, Central Hindi Directorate, Ministry of'Human Resource Development, West Block Vll, Ramakrishnapuram, New Delhi -1 10066Human Resource Development, West Block Vll, Ramakrishnapuram, New Delhi -1 10066

...RESP.ONDENTS

Petition under Article 226 of ihe Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue an appropriate writ, order or direction more particularly one in the nature ofWrit of Certiorari to call for the records relating to the lmpugned Lr.No.1091/2021

dt. 1110112021, issued by the 1st Respondent in terminating the services of thePetitioner, without issuing any notice, opportunity and without conducting anyenquiry and set aside the same by declaring them as illegal, arbitrary,discriminatory and violative of Articles 14, 16 and 21 of the Constitution of lndiaand consequently, direct the Respondents to Re-instate the Petitioner, into. the dutyforthwith, with all Sgrvice and Monetary benefits.

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be [pleased ]to directthe Respondents, to Re-instate the Petitioner into the duty, forthwith, bySuspending the operation of lmpugned Orders issued by the 1st Respondent vide1r.No.1097/2021 dt. 1110112021 .

Counsel for the Petitioner : SRI D.RAMAKRISHNA

Counsel forthe Respondent No.1 : J VENKATRAM NARSIMHA REDDY

Counsel for the Respondent No.2 : SRI GADI PRAVEEN KUMAR,DY.SOL.GENERAL

W.P.No.3906 OF 2021

Between:

M. Gopal, S/o M. Lingaiah, Aged about 44 years, W/a Office Secretary, HindiPrachar Sabha, Hyderabad, Rl/o 3-3-1121111A, Srimalli Gardens, Ra.jendra nagar,RR District

..PETITIONER

AND

1The Hindi Prachar Sabha, Hyderabad, rep., by its Pradhan Mantri/ GeneralSecretary, Sri Ram Hindi Bhavan, LN Gupta Marg, Nampally station road,Hyderabad.Secretary, Sri Ram Hindi Bhavan, LN Gupta Marg, Nampally station road,Hyderabad.

2The Union of lndia, rep., by its Director, Central Hindi Directorate, Ministry ofHuman Resource Development, West Block Vll, Ramakrishnapuram, NewDelhi -1 10066. tHuman Resource Development, West Block Vll, Ramakrishnapuram, NewDelhi -1 10066. t

...RESPONDENTS

Petition under Article 226 ot lhe Constitution of lndia [praying ]that in thecircumstances stated in the affidavit filed therewith, the [High ]Court may be [pleased]to issue an appropriate writ, order or direction more [particularly ][one ][in ]the nature of Writ of Certiorari to call for the records relating to the lmpugned Lr.No.1096/2021dt. 09.01.2021, issued by the 15'1 Respondent in terminating the services of thePetitioner, without issuing any notice, opportunity and without conducting anyenquiry and set aside the same by declaring them as illegal, arbitrary,discriminatory and violative of Articles 14, 16 and 21 of the of lndia.Constitution and consequently, direct the Respondents to Re-instate the Petitioner, into the dutyforthwith, with all Service and Monetary benefits.

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to Re-instate the Petitioner into the duty, forthwith, by suspending the operation oflmpugned Orders issued by the 1st Respondent vide Lr.No.109612021 dt.09.01 .2021 .

lA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to permitthe petitioner to file copy of the lmpugned Order issued by the l st Respondent vide1r.No.1096/2021 dt.09.01 .2021 ,by dispensing with the copyof the Original Order.

Counsel for the Petitioner : Mr. D.RAMAKRISHNA

Counsel for the Petitioner : Mr. POODATTU AMARENDER

Counsel for the Respondent No.1 : J VENKATRAM NARSIMHA REDDYcounserfor the Respondent No.2 KUMAR,' ;f]."4%E[tXiEN

The Court made the following: COMMON ORDER

t

TIIE HONOURABLE SMT. JUSTTCE T. MADIIAVI DEVI

WRIT PETITION Nos.882l9492 and 9495 of 2020 3898 and 3of202l

COMMON ORDER:

Since common issue is involved in all these writ petitions, theywere taken up and heard together and are being disposed of by thiscommon and consolidated order.

2. The petitioner petitioner in W.P.No.882l of 2020 is seeking W.P.No.882l of 2020 is seeking of 2020 is seeking 2020 is seeking is seeking seeking a writ ofwrit ofofmandamus declaring the action of the respondents ln passing thesuspension order vide letter No.925l2019 dated 02.12.2019 withoutfollowing due process as illegal, arbitrary and unconstihrtional and inviolation of principles of natural [justice ]and consequently to set aside thesuspension order and to pass such other order or orders. Thereafter, thepetitioner filed W.P.No.3906 of 2021 seeking a Writ of Certiorari to callfor the records relating to the impugned Lr. No.1096/2021, dated09.01.2021 issued by respondent No. 1 terminating the services of theI petitioner without issuing any notice and without affording any\opportunity and without conducting any enquiry as illegal, ur6it.ury, The petitioner petitioner in W.P.No.882l of 2020 is seeking W.P.No.882l of 2020 is seeking of 2020 is seeking 2020 is seeking is seeking seeking a writ ofwrit ofof TMD.Jw.P.Nos.882 l, 9492 ard 9495 of2020,3898 and 3906 ol202l 2discriminatory and unconstitutional and consequently to direct therespondents to reinstate the petitioner into the duty forthwith with allservice and monetary benehts and to pass such other order or orders3. The petitioner in W.P.No.9492 of 2020 is seeking a Writ ofMandamus declaring the action of the respondents issuing suspensionorder vide letter No.965 of 2020 dated 04.01.2020 without following dueprocess of law as illegal, arbitrary, unconstitutional and in violation ofprinciples ofnatural [justice ]and consequently to set aside the same and topass such other order or orders. Thereafter, the petitioner filedW.P.No.3898 ol 2021 seeking a Writ of Certiorari to call for the recordsrelating to the impugned Lr. No.109712021, dated 11.01.2021 issued byrespondent No. I temrinating the services of the petitioner without issuingany notice and affording any opportunity and without conducting anyenquiry as illegal, arbitrary, discriminatory and unconstitutional andconsequently to direct the respondents to reinstate the petitioner into theduty forthwith with all service and monetary benefits and to pass suchother order or orders.

\

\

TMD.JW.P,Nos.882 l, 9492 and [9495 ]of [2020,]3E98 and 3906 of202l

34. W.P.No.9495 of 2020 is filed seeking a Writ of Mandamusdeclaring the action of the respondents in not allowing the [petitioner]herein to discharge his lauful duties as Assistant Superintendent(Examination Department) in Hindi Prachar Sabha, Hyderabad, withoutfollowing any due process of law as illegal, arbitrary, unconstihrtionaland in violation of principles of natural [justice ]and consequently todirect the respondents to allow the petitioner to discharge his [lawful]duties as Assistant Superintendent (Examination Department) in HindiPrachar Sabha, Hyderabad and to [pass ]such other order or orders.

5. Brief facts leading to the filing of W.P.Nos.9492 of 2020 and 3898of 2021 are that the petitioner was initially appointed [as ][a ][temporary]Clerk vide Lr.No.331/1984 dated 07.08.1984 in Hindi [Prachar ][Sabha,]Hyderabad and subsequently, in the [year ]1989, the [petitioner ][has ][been]appointed permanently vlde Lr.No.3 I 1/89, dated [I ]5.09. [1 ]989. [Thereafter,]the petitioner was promoted to the post of Registrar [of ][Examinations ][on]28.06.2019 and later to the post of Office Superintendent. [On]04.01.2021, the petitioner's services were suspended [on ][the ][ground that]there were allegations of financial irregularities against [him ][and ][that ][the]loss had occurred to the Sabha. Aggrieved by the same, the [petitioner]

TMD,JW.P.Nos.882l, 9492 an <19495 of 2020,3898 and 3906 of202l filed W.P.No.9 492 of 2020 and the same is pending consideration beforethis Court. l'hereafter, the respondent No.1 issued letter dated11.01.2021 terminating the services of the petitioner. Challenging thesaid termination order, dated 11.01.2021 without conducting any enquiryand without giving any opportunity to the petitioner, W.P.No.3898 of2021 has been filed.

6. Brief facts leading to the filing of W.P.Nos.882l of 2020 and3906 of 2021 are that the petitioner herein rvas initially appointed as atemporary Affender vlde Lr.No.9/l995 dated 25.04.1995 in Hindi PracharSabha, Hyderabad and subsequently, in the year 1989, the petitioner hasbeen appointed permanently vide Lr.No.294/2000, dated 09.11.2000.Thereafter, the petitioner was promoted to the post of Clerk-ll on03.11.2007, to thti post of Clerk Grade-I on 01.04.2012, to the post ofOffice Superintendent on 22.12.2016 and later to the post of OffrceSecretary on 15.06.2018. On 02.12.2019, the petitioner's services weresuspended on the ground that the petitioner acted contrary to the interestof the society by filing court cases without any permission from theSanchalan Samithi. Aggrieved by the same, the petitionei filedW.P.No.8821 of 2020 and the same is pending consideration before this n I'MD,JW.P.Nos.882l, 9492 and 9495 of 2020,3898 and 3906 of202l

Court. Meanwhile, the respondent No.1 issued a letter dated 09.01.2021terminating the services of the petitioner. Chatlenging the saidtermination order, dated 09.01.2021 without conducting any enquiry andwithout giving any opportunity to the petitioner, W.P.No.3906 of 2021has been filed.

7. Brief facts leading to the filing of W.P.No.9495 of 2020 are thatthe petitioner herein was initially appointed as a temporary Clerk videLr.No.223l98 dated 10.12.1998 in Hindi Prachar Sabha, Hyderabad andthereafter appointed as II Grade Clerk vide Lr.No.340/2001 dated03.01.2001. Subsequently, in the year 2004, the petitioner has beenappointed as permanent II Grade Clerk vide Lr.No.747/2004, dated20.05.2004. Thereafter, the petitioner was promoted to the post of ClerkGrade-I on 24.04.2013 and also to the post of Assistant Superintendenton 15.06.2018. On 29.09.2019, the petitioner was removed from servicewithout issuing any notice and without conducting any enquiry.Aggrieved by the same, the petitioner filed W.P.No.69l8 of 2019 beforethis Court and the same is pending consideration. Later on 15.04.2019,the respondents reinstated the petitioner into service, but the resp&dents\\

.TMD,JW.P.Nos.882l, 9492 ard 9495 of2020.3898 and 3906 of202I

.TMD,JW.P.Nos.882l, 9492 ard 9495 of2020.3898 and 3906 of202I

are not allowing the petitioner to discharge his duties and were also notpaying salary without following due process of law. Challenging the saidaction of the respondents, W.P.No.9495 of 2020 is filed.

8. Leamed counsel for the petitioners submitted that in similarcircumstances in-W.P.No.15799 of 2019 dated 18.12.2019, this Courthad set aside the punishment order with liberly to the respondents toconclude the disciplinary proceedings initiated against the petitionertherein after oonducting necessary enquiry and after giving anopportunity ofhearing. In support of his contentions, the learned counselfor the petitioners has also placed reliance upon the following otherjudgments:

l. MdGhouse v. Correspondenl, Dakshina Bharal HindiPracharasahhal

2. M. David Sam Roy v. The Hyderabod Public School Sociely &Others2

3. T.K. Chandran v. Dakshina Bharatha Hindi Prachar Sabhu3.

9. The respondents-Hindi Prachar Sabha" have filed a counteraffidavit denying the allegations of the petitioners and stated th4t these( [2OO2 ][Supp2 ALD ][453]-2012 l ALD 350rI!99 /o ArR {Ker) 1s8

TMD,JW.P.Nos.882l, 9492 an d 9495 of 2020,3898 and 3906 of202l7writ petitions are not maintainable as the respondent is not the 'state'within the meaning of Article 12 of the Constitution of lndia. Learnedcounsel for the respondents-Hindi Prachar Sabha further submitted thatthe Union of India is not at all a necessary paxty, as it is in no wayconnected to the society. It is further submitted that the respondents-Hindi Prachar Sabha have strictly adhered to the procedure of enquiryand also the principles of natural justice and that it has issued notices tothe petitioners after suspension, but the petitioners did not participate inthe enquiry and therefore, on the basis of the report of the EnquiryOfficer holding the charges as proved, the services of the petitioners havebeen terminated. It is further submitted that there are lwo crimes pendingagainst the petitioners in W.P.Nos.9492 of 2020,3898 of 2021,8821 of2020 and,3906 of 2021 on the file of CCS, Abids Police Station. One ofthe crimes is Crime No. 124 of 2018 for misappropriation of funds andforgery. Leamed counsel for the respondents-Hindi Prachar Sabha reliedupon the [judgment ]of Hon'ble Supreme Court in the case of SL Mary'sEducation Society and another v. Rajendra Prasad Bhargava andothers|, in support ofhis contentions. ,. /n {zozg) a scc asa\t TMD.Jw.P.Nos.{i821, 9492 and 9495 ot 2020,3898 and 3906 of202l

10. The petitioner in W.P.Nos.9492 of 2020 and 3898 of 2021 hasfiled a reply affidavit in W.P.No.3898 of 2021, countering the averqnentsmade in the counter affidavit and submitted that this Court, in a numberof cases, has entertained the writ petition against the respondents hereinand therefore, these Writ Petitions are also maintainable as therespondents-Hindi Prachar Sabha is receiving grants from the CenhalGovemment. It is further submitted that the respondents-Hindi PracharSabha received recognition from the State and Central Government forconducting Hindi examinations. It is further submitted that allegednotices for enqr:iry were never issued to the petitioner and no enquirywas conducted and therefore, the contentions of the respondents-HindiPrachar Sabha, that it has followed the principles of natural justice is notcorrecl.As regards the criminal cases against the petitioner, it issubmitted that there is no such case registered against the petitioner onthe file of CCS, Abids Police Station. Thus, he prayed for setting asideof the impugned order.

1i\The petitioner in W.P.Nos.882l of 2020 and 3906 of 2Q21 hasfiled a reply affldavit stating that the petitioner has also been suspended \\

.IMD,JW.t'.Nos-Es21, 9492 and [949s ][or 2o2o']3t9E and 3906 of202l9from service solely on the [ground ]that the [petitioner ][and others ][have]participated in the election process and have filed suits before [Civil]Court, only in order to take revenge against [the ][petitioner.]

12. The Union of India-respondent No.2 filed [instructions ][dated]01.10.2024 wherein it is stated that [the Dakshina Bharat ][Hindi ][Prachar]Sabha is a society functioning [as ][a ][provincial ][branch, ][which ][is commonly]referred to as the Central Sabha and further [that the ][High Coud of ][Kerala]and High Court of Karnataka have held [that the ][Prantheeya ][Sabha's ][in]Kerala and Kamataka states discharge a [public ][function ][relating ][to]Article 351 of the Constitution of tndia [and ][hence ][are ][amenable ][to ][the]Writ [j ]urisdiction.

13. Having regard to the rival contentions [and ][the material on ][record,]this Court finds that in the [past, ][writ ][petitions ][have been ][filed ][against ][the]respondents-Hindi Prachar Sabha [and ][they ][have been entertained ][by ][this]Court. Further, from the instructions [received ][from ][the ][Union ][of ][India,]the High Court of Kerala and [the ][High ][Court ][of ][Kamataka have ][already]held that the writ [petitions ]against [the ][Prantheeya ][Sabhas ][are ][amenable.]In view of the same, this Court [is ][also ][inclined ][to ][entertain ][theie ][writ]

TMD,JW.P.Nos.882l, 9492 and 9495 of2020,1898 ard 3906 of202l petitions and objections of the respondents-Hindi Prachar Sabha" aboutthe maintainability of these Writ Petitions are thus rejected.

14. As regards the merits of W.P.Nos.9492 of 2020 and 3898 of 2021,this Court finds that in their counter affidavits, the respondents-HindiPrachar Sabha claim to have issued notices to the petitioneis forattending before the enquiry, but the writ petitioner has not appearedbefore the Enquiry Officer. However, the copies of the same are notenclosed along with the counter affidavit. The petitioner has specificallydenied the service of notice on the petitioner. Further, except forreferences to the suspension order dated 04.01 .2020, the explanation ofthe petitioner dated I 3.0 I .2020, and the sub-committee letter dated19.02.2020 and the enquiry report of the Sub-Committee, there is nomention of any other document in the termination order. Therefore, it isin clear violation of the principles ol natural justice and is liable to be setaside. The suspension order dated 04.01.2020 and the termination orderdated 11.01.2021 issued by respondent No.l are accordingly set aside.The respondents are directed to reinstate the petitioner into service withtimmediate effect and thereafter, proceed in accordance with law,*rf theyclnog: to conduct enquiry and pass appropriate orders after giving /

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TMD,JW.P.Nos.882l, 9492 and, 9495 of 2020,3898 and 3906 of202l11reasonable opportunity [of ][hearing ][to ][the ][petitioner. ][The ][treatment ][of ][the]period between the termination order [and ][the order ][of ][reinstatement shall]be considered by [the respondents ][after ][a ][decision ][is ][taken ][with ][regard ][to]the services of [the ][petitioner ][in ][view ][of ][the ][disciplinary ][proceedings]initiated against him. [In ][the result, the W.P.Nos.9492 ][of ][2020 ][and ][3898]of 2021 are allowed.

15. Since the facts [and circumstances ][in ][W.P.Nos.882l ][of ][2020 ][and]3906 of 2021 are [also ][similar, ][this ][Court ][deems ][it ][fit ][and ][proper ][to ][set]aside the suspension [order ][dated 02.12.2019 and ][the ][termination ][order]dated 09.01.2021 [issued ][by ][respondent ][No.l ][and ][to ][dir6ct ][the respondents]to reinstate the [petitioner ][into ][service ][immediately ][with ][liberty ][to proceed]against the petitioner by [conducting ][the ][departmental ][enquiry ][in]accordance with law i.e., after [giving ][sufhcient opportunity ][of ][hearing ][to]the petitioner. Accordingly, [the ][W.P.Nos.882l of ][2020 ][and ][3906 ][of ][2021]are allowed by [setting ][aside ][the ][suspension ][order dated ][A2-12.2019 and]tlre termination order [dated ][09.01 ][.2021.]

16. As regards [W.P.No.9495 ][of ][2020, ][this ][Court ][deems ][it ][fit ][and]proper to direct the respondents [to ][allow the petitioner to ][discharge ][his]

TMD.JW.P.Nos-8t2 l. 9492 and 9495 of 2020,3E98 and 3906 of202l lawful duties (Examination Department)ln Hindi Prachar Sabha,Hyderabad. Accordingly, the W.P.No.9495 of 2020 is allowed.

17. ln both of these petitions also, the treahnent to be given to theperiod between suspension/termination and the reinstatement shall bedecided by the respondents in accordance with law, after a decision istaken in the disciplinary proceedings initiated and are pending againstthem.

18. With the above directions, all the Writ Petitions are allowed.There shall be no order as to costs.

To,

Pending miscellaneous petitions, ifany, shall also stand dismissed.

SD/.P. PADMANABHA REDDYASSISTANT REGISTRARSECTION OFFICER

//TRUE COPY//

'1 . The Director, Central Hindi Directorate Ministry of. Human ResourcesDevelopment, Union of [lndia, West Block ][Vll ][Ramakrishnapuram ][New ][Delhi]1 10066Development, Union of [lndia, West Block ][Vll ][Ramakrishnapuram ][New ][Delhi]1 10066

2. The General Secretary, [Hindi ][Prachar Sabha ][Hyderabad, ][Sriram ][Hindi]Bhavan, L.N Gupta [Mar!, ][Nampally Station Road, Hyderabad, ][T ][S.]Bhavan, L.N Gupta [Mar!, ][Nampally Station Road, Hyderabad, ][T ][S.]

3. One CC to SRI M.A.K.MUKHEED, [Advocate. ][OPUC]

4. One CC to MR.D.RAMAKRISHNA [Adovacte ]IOPUCI

5. One CC to SRI GADI PRAVEEN [KUMAR, (Deputy Solicitor Genetal ][of ][lndia),]High Court for the State of Telangana [at ][Hyderabad. ]TOPUCIHigh Court for the State of Telangana [at ][Hyderabad. ]TOPUCI

6. One CC to SRI J,VENKATA [NARASIMHA ][REDDY, ][Advocate. ][OPUC]

7. Two CD Copies.

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II

HIGH COURT

DATED:31 11212024

CC TODAY

[c][a][ 1HE ][gr4](^[($]ro0 2 JAli [20fr]oIi.\.9PATC1

COMMON ORDER

WP.Nos.8821,9492 and 9495 OF 2020,3898 and 3906 of 2021

ALLOWING THE WRIT PETITIONS

WITHOUT COSTS

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