IMPORTANT POINT
Termination of service without inquiry and prior approval violates statutory provisions and principles of natural justice.

ORDER :

(Venkata Jyothirmai Pratapa, J.)

This Writ Petition is filed by the Petitioner, under Article 226 of the Constitution of India for the following relief:

“to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Proceedings in Rc.No.05/2013-14, dated 18.7.2018 on the file of the 4th Respondent is illegal, arbitrary and in violation of Articles 14,16 and 21 of the Constitution of India without jurisdiction and violation of principles of natural justice and contrary to the provisions of A.P. Education Act, 1982 and Rules made thereunder and set aside the same…”

2. The facts of the case, in brief, are as follows:

a. Petitioner was appointed as Attender in the Respondent No.4-School in the year 1994. He has applied leave from 15.12.2011 for a period of 17 days and thereafter, he applied leave on loss of pay from time to time, till 2016 on domestic grounds. The said leave was accepted by Respondent No. 4-School authorities. Petitioner shifted his residence from Vegayammapeta to Payakaraopeta, Visakhapatnam District., in February, 2013.

b. He received a notice dated 28.03.2018 from the Respondent No.4 School authorities directing the Petitioner to submit his explanation as to why he should not be removed from service for his unauthorized absence from duties. Petitioner submitted his explanation denying all the allegations made against him and requested the school authorities to conduct an enquiry to disprove his innocence for the allegations made against him and he did not absent from duties without applying any leave.

c. The Petitioner?s grievance is that the Respondent No.4 school authorities without framing any charges and without conducting any enquiry, caused the show cause notice dated 06.07.2018 for which he submitted a detailed explanation dated 11.07.2018 to the Respondent No.4 requesting to drop further action.

d. The Respondent No.4 without conducting any enquiry, in a single line, passed the order dated 18.07.2018 terminating his service as Attender. Questioning the same, the present writ petition is filed.

3. A counter affidavit was filed by Respondent No.4-School denying all the allegations made in the writ affidavit filed by the Petitioner, which are not specifically admitted therein.

a. It is stated that the correspondent of the school has sanctioned the leaves, applied by the Petitioners. The Respondent No.4-school by proceedings dated 01.02.2013 has lastly sanctioned the leave only upto 31.01.2013.

b. The Respondent No.4 school has received numerous complaints against the Petitioner and even published in daily news papers and TV scrolling in respect of the criminal activities involved by the Petitioner and the persons who got cheated by the Petitioners started visiting the school premises for want of Petitioner.

c. Due to such a situation, though the Petitioner was on leave the Respondent No.4 is constrained to issue a show cause notice dated 03.02.2012, which was returned un-served with an endorsement ‘addressee left’. The Petitioner’s leave was sanctioned up to 31.01.2013. Respondent No.4 issued a paper publication in local daily news paper on 30.06.2013.

d. On intimation by the Respondent No.4, vide letter dated 09.07.2013, Respondent No.2 vide letter dated 12.08.2013 instructed the Respondent No.4 to take necessary action against the Petitioner under Rule-19 of G.O.Ms.1 Education (PS-2) Department, dated 01.01.1994. But action could not be taken since the whereabouts of the Petitioner were not known to them.

e. While the things stood thus, the Respondent No.4 has received an attachment Order dated 12.12.2013 from the Court of III Additional Senior Civil Judge, Kakinada directing to attach the salary of the Petitioner. Since the Petitioner is absconding from duties, the same fact was informed to the court. Hence, it is very clear that the Petitioner without any prior intimation or permission from the Respondent Nos.3 and 4, left the permanent add