WP/30630/2021 of Kavala Siva Kumar, Vs The State of Andhra Pradesh, on 31 December 2021

ORDER:

Heard learned counsel for the petitioners and the learned standing counsel Sri G. Srinivasulu Reddy, representing Respondent Nos.3 & 4.

2. The writ petition is filed challenging inter alia the action of Respondent No.3 in removing the petitioners from service vide proceedings dated 17.12.2021.

3. Learned counsel for the petitioners submits that the order impugned has been passed without issuing any prior notice or conducting any enquiry. He submits that the 3[rd]respondent acting on the instructions of the 2[nd]respondent has straightaway passed the order of termination. He submits that even assuming that some complaints are made against the petitioners the 3[rd]respondent is required to call upon the petitioners to submit explanation and thereafter pass appropriate orders. He submits that the proceedings impugned are in gross violation of principles of natural justice and on that ground alone, the Writ Petition deserves to be allowed. Learned counsel also places reliance on the judgment of the learned Single Judge in Writ Petition No.13099 of 2021, dated 17.9.2021.

4. Learned Standing Counsel, on the other hand, submits that the petitioners are guilty of dereliction of duties and further that pursuant to several complaints received against them, the Authorities have rightly passed the orders of termination.

5. Considered the submissions made by the learned counsel for both sides and perused the material on record.

6. As seen from the impugned proceedings, no notice much less a show cause notice was issued to the petitioners before resorting to the extreme step of termination. The order passed by the 3[rd] respondent, as seen from the impugned order, is not by exercising independent discretion, but based on the instructions of the 2[nd] respondent, which would indicate total non-application of mind by the 3[rd] respondent. The order is, therefore, liable to be set aside on the above said ground.

7. Further, in similar circumstances, the learned Single Judge in Writ Petition No.13099 of 2021 discussed the matter elaborately and recorded categorical findings to the effect that non-issuance of notice is fatal and order of termination is liable to be set aside. As held by the learned Single Judge the order impugned casts a stigma on the petitioners that they have indulged in illegal activities. Any such order, which carries stigma and which is passed without hearing, is liable to be set aside.

8. It is also to be noted that the order impugned entails civil consequences and in such circumstances, the termination of the petitioners, without issuing show cause notice is also unsustainable in law.

9. In view of the aforesaid conclusions and for the reasons alike in Writ Petition No.13099 of 2021, the order impugned is set aside.

10. Accordingly, the writ petition is allowed. The respondents are directed to take the petitioners into service with immediate effect. However, this order will not preclude the respondents from issuing proper show cause notice to the petitioners calling for their explanation and to take necessary action. No costs.

The miscellaneous applications, if any pending, shall stand closed.

___________________________

JUSTICE NINALA JAYASURYA

Date: 31.12.2021

Note: Issue CC by 05.01.2022

(B/o)

IS

THE HON’BLE SRI JUSTICE NINALA JAYA SURYA

WRIT PETITION NO.30630 of 2021

Date: 31.12.2021

Note: Issue CC by 05.01.2022

(B/o)

IS