Telangana High Court
WP/41126/2015 of K. Gangadhar, Vs Sri Durga Malleswara Swamy Varla Devasthanam, on 30 December 2015
SRI JUSTICE P.NAVEEN RAO WRIT PETITION No. 41126 of 2015 DATE: 30.12.2015 Between: K Gangadhar S/o late Chinna R/o H No. 10-13-08, Basawavari Street, Vijayawada …. Petitioner And Sri Durga malleswara Swamy Varla Devasthanam Vijayawada Rep by its Special Grade Deputy Collector and
WRIT PETITION No. 41126 of 2015
DATE: 30.12.2015
Between:
K Gangadhar S/o late ChinnaR/o H No. 10-13-08, Basawavari Street,Vijayawada
…. Petitioner
And
Sri Durga malleswara Swamy Varla DevasthanamVijayawada Rep by its Special Grade Deputy Collector and Executive OfficerAnd others
…. Respondents
This Court made the following :
HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No. 41126 of 2015
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ORDER:
Heard the learned counsel for petitioner, learned standingcounsel for second respondent and learned Government Pleader forEndowments. With the consent of counsel appearing for both sides,the writ petition is disposed of at the admission stage.
2. Petitioner was engaged as NMR on daily wage w.e.f.15.7.2003 in Sri Durga malleswara Swamy Varla Devasthanam. By proceedings impugned in the writ petition dated 12.12.2015, hisservices were terminated.
3. Learned counsel for petitioner contends that the order oftermination is not preceded by enquiry and by granting dueopportunity. The order of termination attaches stigma as it is not asimple termination but termination on the ground of allegedmisconduct. Learned counsel further submits that the order oftermination is based on the orders of the Government dated16.10.2015 and order of Commissioner dated 30.11.2015 andtherefore there was no independent application of mind by thecompetent authority.
4. Learned standing counsel on instructions states that sincethe Government and the Commissioner has instructed the ExecutiveOfficer to terminate the services of the petitioner on the allegations ofmisappropriation of funds, the order of termination was passed.
5. Apparently, from the reading of the orders impugned and as per the instructions furnished to the learned standing counsel, noenquiry was conducted. No prior opportunity was afforded to thepetitioner against the allegations levelled in Government memo dated16.10.2015 before terminating his services. The Government memo,alleges loss of revenue to a tune of Rs.8,95,516/- to temple funds. Itappears an Enquiry Officer was appointed and Enquiry Officersubmitted a report. It is specific case of the learned counsel forpetitioner that he was not subjected to any enquiry and no writtensubmission was given by him. This fact is not denied by the learnedstanding counsel. In fact the order of the Executive officer dated12.12.2015 do not refer to any such enquiry conducted in the presenceof petitioner. It only refers to the orders of the Government andCommissioner. There was no independent application of mind by thecompetent authority.
6. Since the order of termination is not simplicitor but havingpenal consequences and attaches stigma no such order could havebeen passed without following basic principles of audi alteram partem and on that ground alone order dated 12.12.2015 is liable to be setaside and accordingly set aside, leaving it open to the respondentauthorities to take appropriate action as warranted by law. Further, it isopen for the petitioner to raise all contentions as available to him inlaw, as and when such proceedings are initiated.
7. Accordingly, the writ petition is disposed of. No costs. Consequently, miscellaneous petitions, if any pending, stand closed.
__________________
P.NAVEEN RAO,J
DATE: 30.12.2015TVK
Tvk
WRIT PETITION No. 41126 of 2015DATE: 30.12.2015