Andhra Pradesh High Court
Judges : MOTILAL B.NAIK, S.ANANDA REDDY
Government Of A.P., Revenue (Endts.I) Department - Appellant
Versus
G.Kesavulu, former Executive Officer of Sri Bramaramba Mallikarjuna Swamy Devasthanam, Srisailam - Respondent
Decided On : 08-07-00
Andhra Pradesh Lok Ayukta and Up-Lok Ayukta Act, 1983 - Section 10 (l) (a) and (b) - A. P. Administrative Tribunal - Service - Discharging duties - Petition filed by the Government, represented by its Principal Secretary to government, Revenue department, (2) Commissioner, endowments Department, Government and (3) Assistant Commissioner, assailing the judgment of the Administrative Tribunal passed - Held, Accordingly, the orders passed by the Upa-Lokayukta are upheld. Since the order is not a final order and still the matter is pending before the learned Upa-Lokayukta which was posted as can be seen from the extract above, the Upa-Lokayukta may be at liberty to proceed further with the matter with full liberty from the stage where it was stopped, if not already proceeded further - Consequential orders viz., G. O. Rt. passed by the Government and Rc. passed by the Commissioner, Endowments department, are also upheld - W. P. preferred by the public servant is accordingly dismissed - Order passed by the learned Administrative Tribunal in O. A. is also set aside and quashed - Ordered accordingly
( 1 ) THE issues involved in these two Writ petitions are inter-related and are heard and disposed of together by the following common order.
( 2 ) WRIT Petition No. 239 of 2000 is filed by the Government of Andhra Pradesh, represented by its Principal Secretary to government, Revenue (Endts. I) department, Hyderabad, (2) Commissioner, endowments Department, Government of andhra Pradesh, Tilak Road, Hyderabad and (3) The Assistant Commissioner, Sri bramarambika Mallikarjuna Swamy devasthanam, Srisailam, Kurnool District assailing the judgment of the Andhra pradesh Administrative Tribunal passed in o. A. No. 7137 of 1999 dated 27-12-1999. Whereas Writ Petition No. 602 of 2000 is filed by Sri G. Kesavulu, Executive Officer (under transfer), Srisailam Devasthanam questioning the competency of the Upa- lokayukta of Andhra Pradesh, Hyderabad, sole respondent in the said Writ Petition, in issuing the interim order on 15-11-1999 and final order on 15-12-1999 in complaint no. 792/99/b2. A consequential direction is also sought by the petitioner to set aside the said orders dated 15-11-1999 and 15-12-1999 on various grounds.
( 3 ) BEFORE we proceed to examine the contentions raised on behalf of the writ petitioners in these two writ petitions, few facts are necessary which are traced as under: petitioner in Writ Petition No. 602 of 2000 is the Executive Officer of Srisailam devasthanam, Srisailam, Kurnool District, andhra Pradesh who is in the rank of the joint Commissioner of Endowments, government of Andhra Pradesh. He claims to possess M. A. LL. B. qualifications and belong to Scheduled Caste community. According to him, he was initially appointed as Assistant Commissioner of Endowments in the year 1985 and was later promoted as deputy Commissioner of Endowments in the year 1993. He was posted as in-charge executive Officer of Srisailam Devasthanam, srisailam, Kurnool District on 31-3-1998. Later he was promoted as Joint commissioner of Endowments and posted as regular Executive Officer of Srisailam devasthanam, Srisailam with effect from 1-1-1999 and since then he has been discharging his duties in that capacity.
( 4 ) ACCORDING to this writ petitioner, as executive Officer of Srisailam Devasthanam, he has taken mush pains and introduced several innovative changes in the day-to-day functioning of the temple with the sole object to improve the facilities available to the pilgrims and also to increase the revenue of the temple. He had earlier worked in tirumala Tirupati Devasthanams, Tirupati as well as Hathiramji Baba Mutt of Tirupati as Deputy Executive Officer and acquired substantial experience. With that experience, he claimed, he introduced some innovative measures in the administrative functioning of the Srisailam Devasthanam.
( 5 ) IN order to improve the facilities available to the pilgrims, he provided several bathrooms, toilets, improved the supply of drinking water and medical facilities. He also introduced Special Sevas and major programmes like Brahmotsavams and also rationalized the rates of tickets for special Darshans and Poojas. As authorized by the Trust Board of Srisailam Devasthanam by its various resolutions, he took up new constructions, purchased electrical items and undertook other works to meet the exigency arising out of the Brahmotsavam on the eve of Sivaratri Festival on 14-2-1999. Petitioner claims to have worked hard, took up several works including that of constructing about 100 choultries, toilets etc. , and all his acts were subsequently approved by the Commissioner of Endowments, government of Andhra Pradesh, hyderabad. According to the petitioner in view of his efforts, the income of the temple has been increased from Rs. 10 crores to 20 crores per annum. He further claimed that he also took steps to curb the malpractices which were prevalent in the Devasthanam and came down heavily on the staff members who were indulging in such malpractices by taking drastic action against
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