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2023 Supreme(AP) 1489

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
SUBBA REDDY SATTI, J.
Arjuna Dass, disciple of H.H. Shri Devenderdassji Varu - Petitioner
Versus
The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Endts. II) Department and Others - Respondents
Writ Petition No.13919 Of 2023
Decided On : 04-10-2023

Advocates Appeared:
For the Petitioner: Sri L. Ravichander, Senior Counsel appearing for Ms. Vinodin Ruth, learned counsel.
For the Respondents: Sri S. Sriram.

Administrative authority must follow due process and principles of natural justice in disciplinary actions under the applicable statutes, ensuring decisions are not arbitrary or colorable.

Headnote:(A) Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 - Sections 51 and 53 - Writ Petition for relief to declare administrative charges against Mahant of a Math as illegal and arbitrary - The petitioner's appointment as Mahant was approved under Section 53(1) - Allegations of mismanagement and abuse of authority led to administrative action - Suspension of petitioner deemed justified pending enquiry as per Section 51(3) - Court finds the resolutions passed by Dharmika Parishad are within jurisdiction and not colorable exercise of power. (Paras 26-40)

(B) Judicial standards on colorable exercise of power - Authorities must act within the scope of their powers and with application of mind. (Paras 9-12)

Table of Content
1. overview of petitioner's position and previous orders. (Para 1 , 2)
2. respondents' administrative authority and previous complaints. (Para 3 , 4)
3. past actions against petitioner and nature of complaints. (Para 5 , 6 , 7)
4. legal standards and principles regarding colorable exercise of power. (Para 8 , 9)
5. principles of law governing administrative actions. (Para 10 , 11 , 12)
6. analysis of jurisdiction and actions of the dharmika parishad. (Para 13 , 14 , 15 , 16 , 17 , 18)
7. court's discretion in terms of inquiry proceedings. (Para 19 , 20 , 21)
8. validity of charges framed against the petitioner. (Para 22 , 23 , 24)
9. grave nature of the charges and legal standards for suspension. (Para 25 , 26 , 27 , 28)
10. criteria for suspension and merits of the case. (Para 29 , 30 , 31 , 32)
11. temporary appointment of fit person for administration. (Para 33 , 34 , 35 , 36)
12. non-grant of relief beyond the pleadings. (Para 37 , 38)
13. judgment on the merit of the writ petition. (Para 39)
14. conclusion and dismissal of the writ petition. (Para 40)

ORDER :

(Subba Reddy Satti, J.)

The above writ petition is filed seeking the following relief:

    “… to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the proceedings bearing Rc.No.DP1/19027(37)/8/2018-1 dated 08.06.2023 and the consequential (i) order bearing Rc.No.DP1/19027(37)/8/2018-2 dated 08.06.2023; (ii) order bearing Rc.No.DP1/19027(37)/8/2018-3 dated 11.06.2023 issued by the 2nd respondent as illegal, unjust, arbitrary, without jurisdiction, violative of principles of natural justice and in violation of Articles 14, 21, 25 and 26 of the Constitution of India and contrary to the subsisting orders of this Hon’ble Court dated 07.09.2006 in WAVM.P.No.1535/2006 in W.A.No.258/2006 and interim orders dt.03.04.2018 in W.P.No.9716/2018 and also contrary to the provisions of Act 30 of 1987 and the Rules made thereunder, and consequently set aside the impugned proceedings dt.08.06.2023 and 11.06.2023 … …”

2. (a) Averments in the affidavit, in brief, are that petitioner, one of the disciples of Sri Devenderdassji Varu was appointed as interim Mahant of the Math by 1st respondent-State on 07.09.1990. The 3rd respondent-Commissioner of Endowments conducted enquiry and having satisfied qua smooth running of the administration of the Math by order dated 06.07.2000 accorded permission to the petitioner to succeed the office of Mathadhipathi under Section 53 (1) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short “the Act”). By a separate proceeding dated 06.07.2000, the Commissioner of Endowments ordered that the Special Grade Deputy Collector appointed by the Government would continue as custodian of the Math for managing the secular affairs of the Math.

b) Petitioner assumed charge as Mahant of the Math on 18.07.2000 and the Pattabhishekam was performed on 08.10.2000. The Commissioner of Endowments vide proceedings dated 06.09.2000 and 22.09.2000 accorded permission to the custodian to incur necessary expenditure in consultation with the Mahant. Since, the custodian was continued to deal with the management of the Math, and the petitioner was confined to discharge religious activities, petitioner filed W.P.No.4326 of 2002 to direct the Commissioner of Endowments to remove the custodian and to handover the charge of the Math including administration of properties of the Math. The 1st respondent issued proceedings dated 10.10.2002 to show cause as to why the appointment of petitioner as permanent Mahant should not be cancelled. Petitioner filed W.P.M.P.No.29492 of 2002 in W.P.No.5326 of 2002 seeking suspension of operation of notice dated 10.10.2002. The Court by order dated 25.11.2002 granted liberty to the petitioner to submit an explanation to the show cause notice and further directed the 1st respondent to dispose of the matter within eight weeks. Further, ordered that

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