IMPORTANT POINT
Disciplinary actions must comply with procedural fairness and natural justice, including the issuance of charge memos and opportunities for defense.

ORDER :

1. This petition is filed under Article 226 of the Constitution of India for the following relief:

“to issue an order direction or writ more particularly one in the nature of Writ of Mandamus, to declare the impugned removal orders in Roc. No. 771/2019/A6, dated 28.01.2020 issued by 3rd respondent under the influence of the District Collector, West Godavari in the absence of any “Articles of Charges” in clear violation of Rule 20 of APCS (CCA) Rules, 1991, as illegal, arbitrary and discriminatory and violation of Principles of Natural Justice and set aside the same, consequently direct the respondents herein to reinstate the petitioner in the post of Language Pandit (Hindi) immediately and pass such other order or orders......”

2. The precise case of the petitioner is that she initiated appointed as Language Pandit (Hindi) in SNS Municipal High School, Narasapuram Municipality and subsequent she was transferred to NTR UP School No. 1, Tanuku Municipality, West Godavari District from 13.02.2019 to 30.01.2020. The husband of the petitioner made a complaint to the District Collector, West Godavari stating that she produced false study certificates from 4th to 9th classes at St. Xavier’s English Medium School, Tanuku. As against the false complaint the 5th respondent appointed the Deputy Educational Officer, Tadepalligudem to conduct enquiry. Without framing any Article of Charges issued Show-Cause notice to the petitioner, without conducting any preliminary enquiry and investigation and submitted enquiry report. Basing on the preliminary enquiry report of the District Collector, West Godavari, Eluru and the District Educational Officer/ 5th respondent simply removed the petitioner from service and no opportunity was given to submit her explanation, in the absence of any Charge Memo, no show cause notice was issued under Rule 21 of APCS (CCA) Rules-1991 duly informing the nature of punishment etc. which is highly illegal and arbitrary. As against the illegal removal orders, dated 28.01.2020 the petitioner preferred statutory appeal under Rule 33 of APCS (CCA) Rules, 1991 before the 2nd respondent on 07.03.2020 and the same is pending without any further orders. Therefore, this Writ Petition came to be filed.

3. Heard MR. Ramalingeswara Rao Kocherlakota, learned counsel for the petitioner and learned Assistant Government Pleader, Services-III and learned Assistant Government Pleader, Municipal Administration and Urban Development for the respondents.

4. During hearing learned counsel for the petitioner reiterated the contents urged in the writ affidavit and mainly contended that basing on the false complaint made by the husband of the petitioner, the 3rd respondent without issuing any Articles of Charges, simply removed the petitioner from service and issued impugned proceedings is highly illegal and arbitrary. Even though the respondents did not followed the procedure contemplated under Rule 20 of APCS (CCA) Rules, 1991 before issuing a major punishment against the petitioner. Further as against the removal orders, the petitioner have preferred a statutory appeal before the 2nd respondent on 07.03.2020, which is pending since then. Hence, requested to allow the writ petition.

5. Per contra, the respondents 1, 4 and 5 have filed counter-affidavit denying all material averments made in the writ affidavit and mainly contended that the petitioner has appeared for Certificates verification to the post of Language Pandit (Hindi). At the time of verification, it was noticed that the Study Certificate and Conduct Certificates for Class 4th to 8th issued by St. Xavier’s Public School, Tanuku has not having any reorganization. Hence directed to submit the residence certificate for the periods from 1893-84 to 1987. The petitioner has made a representation dated 22.02.2016 to the 4th respondent stated about her studies in different places and she given an undertaking if the information furnished by her is proved as false, she would bind ove