Telangana High Court

WP/21781/2004 of K. Chandra Sekhar Naidu, Vs The Commissioner AND Director of School Education, on 29 December 2004

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE G. BIKSHAPATHY and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 21781 of 2004 Between: K. Chandra Sekhar

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE G. BIKSHAPATHY

and

THE HON'BLE MR JUSTICE P.S.NARAYANA

WRIT PETITION NO : 21781 of 2004

Between:

K. Chandra Sekhar Naidu, S/o. K. Narayana Swamy Naidu, Hindu,Mandal Educational Officer (suspension) O D Cheruvu Mandal,Ananthapur District.

..... PETITIONER

AND

1 The Commissioner & Director of School Education, Andhra Pradesh,Hyderabad.Hyderabad.

2 The Regional Joint Director of School Education, Kadapa, Kadapa District.

3 The Dist. Educational Officer, Ananthapur, Ananthapur District.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a writ, order or direction more particularly one in the nature of writ of Certiorari,call for the records in O.A.No. 6114/2004 on the file of Hon'ble Andhra PradeshAdministrative Tribunal and quash the proceedings of the respondents 1 & 2 videRC No. 1747/C3-2/2004 Dt. 25-9-2004 & Proc. RC NO. 4396/A3/2004 Dt. 27-9-2004in placing the petitioner under suspension without serving the report submitted bythe ACB Officials amounts to erroneous, arbitrary and violative Articles 14,16,19,21and 311 of the constitution of India and consequently set aside the proceedings ofrespondents 1 & 2 vide RC NO. 1747/C3-2/2004 dt. 25-9-2004 & Proc. RCNO.4396/A3/2004 Dt. 27-9-2004.

Counsel for the Petitioner:MR.T.C.KRISHNAM

Counsel for the Respondents: GP FOR SCHOOL EDUCATION

The Court at the admission stage made the following :

O R D E R: (PER G.B.J)

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1) This writ petition is filed by the petitioner in the nature of Certiorari, calling for therecords relating to O.A.No.6114 of 2004 on the file of the Andhra PradeshAdministrative Tribunal and to quash the proceedings issued by respondents 1 and2, vide proceedings, dated 25.09.2004 and 27.09.2004 by placing the petitionerunder suspension without serving the report submitted by the A.C.B. officials.

2) It is the case of the petitioner that aggrieved by the proceedings issued by therespondent officials, dated 25.09.2004 and 27.09.2004, he approached the Tribunalby filing O.A.No.6114 of 2004, wherein the Tribunal without giving any opportunity tothe petitioner, passed interim orders, refusing to suspend the impugned proceedingsissued by the respondent officials.

3) The learned counsel for the petitioner submits that the Tribunal ought tohave suspended the order of the 1[st] respondent-Commissioner & Director of SchoolEducation, Hyderabad.

4) As the Tribunal passed orders, dated 09.11.2004, pending O.A.No.6114 of 2004,it is always open for the petitioner to agitate the same at the time of final hearing ofthe Original Application. Hence, we are not inclined to interfere with the order of theTribunal.

5) Under the above facts and circumstances of the case, the Tribunal is directed todispose of O.A.No.6114 of 2004 within a period of six weeks from the date of receiptof a copy of this order.

6) The writ petition is accordingly disposed of. No costs.

_________________

________________

P.S.NARAYANA.J.,

DT.29.12.2004

tjs

G.BIKSHAPATHY.J.,

ASSISTANT REGISTRAR

To

1 The Commissioner & Director of School Education, Andhra Pradesh, Hyderabad.

2 The Regional Joint Director of School Education, Kadapa, Kadapa District.

3 The Dist. Educational Officer, Ananthapur, Ananthapur District.

4.2CCs to the G.P. for School Education, High Court of A.P., Hyderabad(OUT)

5.2CD copies

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