Dismissal of an employee from a private educational institution requires prior approval from the competent authority per Section 79 of the Andhra Pradesh Education Act, 1982.

ORDER :

Ninala Jayasurya, J.

The present appeal is preferred against the order dated 11.07.2023 in W.P.No.35773 of 2022.

2. The respondent No.1 herein aggrieved by the action of the appellant, who was arrayed as respondent No.4 (hereinafter referred to as ‘the College’) in the writ petition sought a declaration that the proceedings dated 01.09.2022 dismissing him from the respondent-College and not reinstating him into service pursuant to the directions of the Regional Joint Director of Collegiate Education, dated 20.09.2022 and 24.09.2022 as illegal, arbitrary and violative of Section 79 of the Andhra Pradesh Education Act, 1982 and the Rules framed thereunder.

3. The brief facts of the case are that the writ petitioner was appointed as Lecturer (Telugu) against an aided post and has put in twenty two years of service. On the allegation that he made some objectionable statements defaming the college on social media, a Memo dated 07.10.2020 was issued and being not satisfied with the explanation, the college, on 19.11.2020 issued a Show Cause Notice and after submission of explanation dated 23.11.2020, placed the petitioner under suspension vide Order dated 26.11.2020. Thereafter, the college issued a Charge Memo dated 15.01.2021 to the petitioner, an enquiry was conducted and the Enquiry Officer submitted a report on 20.03.2021 holding that the charges leveled against the petitioner are proved. However, the request of the college seeking permission for termination of the petitioner was not acceded to by the Commissioner of Collegiate Education, and vide Proceedings dated 21.03.2022, the Regional Joint Director of Collegiate Education was instructed to issue directions to the college to conduct fresh enquiry by appointing another Enquiry Officer of higher rank to that of Lecturer cadre. Subsequently, the college issued another Charge Sheet-cum-Show Cause Notice dated 02.05.2022 to the petitioner and after submission of Explanation dated 21.05.2022, an enquiry was conducted and the Enquiry Officer submitted the Enquiry Report dated 08.08.2022 opining that the charges leveled against the petitioner are proved. The petitioner submitted detailed Explanation dated 22.08.2022, but the college, based on the enquiry report, passed the Order dated 01.09.2022 dismissing the petitioner from service.

4. Before the learned Single Judge, apart from other contentions, it was argued that the said dismissal order dated 01.09.2022 is contrary to Section 79 (1) of the A.P.Education Act (hereinafter referred to as ‘the Act’) and the same is liable to be set aside. The college filed a counter-affidavit raising a plea about the maintainability of the writ petition and sought to support it’s action in dismissing the petitioner from service.

5. The learned Single Judge, while rejecting the contention with regard to maintainability of the writ petition, set aside the order of the college dated 01.09.2022 opining that the same has been passed without obtaining permission of the competent authority as contemplated under first proviso to Section 79 of the Act. The learned Judge also directed the college to reinstate the petitioner into service with all consequential benefits while allowing the writ petition.

6. Heard Mr.K.G.Krishna Murthy, learned Senior Counsel appearing on behalf of the appellant-College and Mr.M.Pitchaiah, learned counsel appearing for the respondent No.1 / writ petitioner.

7. Learned Senior Counsel inter alia contended that the college after duly conducting an enquiry into the charges leveled against the petitioner by affording reasonable opportunity, passed the order of dismissal, in the light of the findings rec