IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENKATESWARLU NIMMAGADDA, J.
B. Venkata Subbamma – Appellant
Versus
Chief Secretary Secondary School Education - Respondent
Writ Petition No. 25186 of 2021
Decided on : 18-11-2022
Constitution of India, 1950 –Article 226 - Empowers all the High Courts of India to issue -Writ petition is filed to declare action of respondent in issuing proceedings ordering petitioner to pay a sum of Rs.1,61,719/- and keeping her under suspension till payment of said amount, as illegal and arbitrary –Held, Court does not find force in contention of learned counsel for petitioner that before passing order of termination of contract a regular enquiry should have been conducted - Any provision for holding any regular detailed enquiry with respect to contract employees, as in present case, has not been placed -This Court is of opinion that decisions of learned Single Judge of this Court referred are applicable to case on hand and therefore, impugned proceedings warrant no interference by this Court –Ordered Accordingly.
ORDER:
Heard Sri Y. Koteswara Rao, learned counsel for the petitioner, learned Government Pleader for Services-I appearing for the official respondents, and Sri K.V. Raghu Veer, learned standing counsel appearing for the 4th respondent.
2. This writ petition is filed to declare the action of the 4th respondent in issuing the proceedings dated 07.04.2021 ordering the petitioner to pay a sum of Rs.1,61,719/- and keeping her under suspension till payment of the said amount, as illegal and arbitrary.
3. In brief, the case of the petitioner is that she was appointed as a Teacher on contract basis on 11.10.2011 and he worked for nearly ten years without any remark or blemish. On 05.02.2018, she was appointed as a Special Officer in K.G.B.V. Residential School at Kolimigundla, Kurnool District, and worked till 19.11.2019. While so, on 27.10.2019, the 3rd respondent issued a show cause notice dated 31.10.2019 calling upon the petitioner to submit an explanation within three days, on the allegations that the Moment Register of students was not maintained, the Stock Register was not maintained properly, ANM & PET were not available, etc., for which the petitioner submitted a detailed representation on 01.11.2019 and stated facts and circumstances. Subsequently, i.e., on 16.11.2019 the 3rd respondent also issued proceedings dated 16.11.2019 relieving the petitioner from duties with immediate effect. It is also the case of the petitioner that on 28.03.2020 an enquiry was conducted by a Committee and a report was filed by the Committee. Basing on the said report, the 4th respondent issued a show cause notice dated 15.06.2020 calling upon the petitioner to explain as to why the disciplinary action should not be taken against her for her negligence in discharge of duties and for misappropriation of funds. On 18.06.2020, the petitioner gave a detailed explanation to the said show cause notice. Without taking into consideration of the explanation submitted by the petitioner, on 29.09.2020 the 5th respondent passed an order keeping the petitioner under suspension till the misappropriated amounts are recovered and also to remit an amount of Rs.1,61,719/-. Thereafter, on the instructions of the 6th respondent, the petitioner attended an enquiry held on 22.02.2021 and pleaded that she never committed any mistake. Finally, on 07.04.2021, the 4th respondent issued the impugned proceedings instructing the petitioner to remit an amount of Rs.1,61,719/- in the name of the 5th respondent. Hence the writ petition.
4. The 4th respondent filed a counter affidavit wherein it is stated that the 5th respondent instructed the Joint Director, Animal Husbandry, Kurnool, to visit the KGBV, Kalimgundla and to conduct enquiry on the irregularities made by the petitioner and one Smt. C.Harathi, Accountant of said institution. The Enquiry Officer visited the school on 31.12.2019 and conducted a preliminary enquiry. The Enquiry Officer stated that the both the petitioner and the Accountant marked excess attendance of the students and claimed DIET charges and they committed irregularities and requested to take disciplinary action against them vide letter dated 04.01.2020. The same was submitted to the State Project Director, APSS, Amaravati vide letter dated 28.01.2020 for taking necessary action. As per the orders of the State Project Officer, a Committee was constituted to conduct a detailed enquiry on the irregularities committed by the petitioner and the Accountant and for submission of a report. The Committee conducted a detailed enquiry and submitted a detailed report vide letter dated 28.03.2020 stating that the petitioner committed irregularities in collusion with the Accountant and the petitioner was negligent in discharge of her duties. Basing on the enquiry report, a show cause notice dated 15.06.2020 was issued to the petitioner to submit an explanation. Subsequently, on the representations of the petitioner, the 5th respondent appointed the 6th respondent as a
Termination based on misconduct allegations requires adherence to natural justice principles, including the right to a hearing, even for contract employees.
Termination based on misconduct allegations requires adherence to natural justice principles, including the right to a hearing, even for contract employees.
Termination without a proper inquiry is illegal and stigmatic, necessitating reinstatement and adherence to principles of natural justice.
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