Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DR.JUSTICE K. MANMADHA RAO, J
G.V.L.Narayana Rao – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER
This petition is filed under Article 226 of the Constitution of India for the following relief:-
“…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declare the impugned Proceedings issued vide Memo No.Fin 01/HODSOADTASMNG/14/2018, Dated 09.11.2020 issued by the 1st respondent communicated vide Endorsement of the 2nd respondent No.Fin0213039/15/2020C SECDTA117625, Dated 21.6.2021, and the Termination Proceedings No.C3/8280/2009, Dated 26.7.2010 issued by the 3rd respondent, as illegal, arbitrary, and unreasonable and in violation of Principles of Natural Justice and disproportionate in nature and set aside the same, consequently direct the respondents to reinstate the petitioner into service with all consequential benefits, by duly extending the benefit of similar consideration done in case of G.O.Rt.No.727, Home Services-II Department, Dated 21.4.2006, and GO.Rt.No.385 Home Department, dated 4.3.2010 and pass…”.
2. The case of the petitioner in brief is that he was appointed as Senior Accountant and has been posted to work in Accounts Branch at office of the Commissioner of Civil Supplies, AP and joined on 20.12.2017 in Accounts wing.
Termination of service under Rule 17(a)(ii) of A.P. State and Subordinate Service Rules is justified for unauthorized absence, emphasizing the need for due process and consideration of employee condu....
Termination of service without due process violates Articles 14 and 16 of the Constitution, necessitating adherence to principles of natural justice.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
Termination of service without a departmental enquiry and opportunity to be heard violates Article 311(2) of the Constitution of India.
The petitioner was given a fair opportunity to show cause and had admitted to the charges of unauthorised absence. The delay in approaching the court after the service termination disentitled the pet....
The court emphasized the necessity of following procedural safeguards in disciplinary actions against employees, highlighting the importance of natural justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
