IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. SHRAVAN KUMAR, J.
Mohammed Azhar Hussain – Petitioner
Versus
The Superintending Engineer (R&B) and Others – Respondents
W.P. (TR) No. 718 of 2017
Decided On : 13-02-2023
Constitution of India,1950 - Termination without regular enquiry - Appointing the petitioner as Watchman under social security measure - Petitioner that the father of petitioner by name late had expired while working as Office Subordinate in respondents' organization - Mother of the petitioner has submitted an application before respondent No. 1, she requested for appointment to her son i.e., petitioner herein, in a suitable post on compassionate grounds and along with the application - Held, Petitioner and services of the petitioner was terminated without conducting full scale formal enquiry - Court is of the considered view that impugned order terminating services of the petitioner is punitive, violative of principles of natural justice and bad in law and as such the impugned - Writ Petition is allowed
ORDER :
1. Heard Sri Chilpireddy Narsi Reddy, learned counsel for the petitioner, the Government Pleader for Services-III for the respondents and perused the material available on record.
2. The present writ petition (TR) is filed to call for the records relating to and connected with the impugned proceedings No. E6/1324/2011/07/2013, dated 21.05.2013 of respondent No. 1 and set aside or quash the same by holding the same as illegal, arbitrary, improper and imposing the punishment of termination without regular enquiry is bad in law and stigmatic in nature and contrary to the various judicial pronouncements including violation of all principles of natural justice and consequently direct the respondents to reinstate the petitioner into service with all consequential benefits thereon.
3. It is the case of the petitioner that the father of the petitioner by name late Mohd. Shukur had expired while working as Office Subordinate in the respondents’ organization on 04.05.2012 in harness. The mother of the petitioner has submitted an application on 28.07.2012 before respondent No. 1, wherein she requested for appointment to her son i.e., the petitioner herein, in a suitable post on compassionate grounds and along with the application, she enclosed the required documents. Taking into consideration of all the aspects, respondent No. 1, being an appointing authority, issued appointment orders vide proceedings No. E6/1324/CA/2011/ 216, dated 08.10.2012, appointing the petitioner as Watchman under social security measure on compassionate grounds. After receiving the above orders, the mother of the petitioner and the petitioner made representations before respondent No. 1, requesting to appoint the petitioner as Office Subordinate instead of Watchman. After careful examination, respondent No. 1 issued modification orders vide proceedings No. E6/1324/ 2011/2731, dated 20.11.2011 appointing the petitioner as Office Subordinate instead of Watchman and posted in the office of respondent No. 2. Accordingly, the petitioner joined in the office of respondent No. 2 on 21.11.2012 and since then he is discharging his duties as Office Subordinate without any complaints.
4. It is further submitted that at the time of submitting his application for compassionate appointment, the petitioner has enclosed the Transfer Certificate, Bonafide Certificate and SSC failed Memo, Community, Nativity and Date of Birth Certificate issued by the institutions concerned and in all these certificates, the date of birth of the petitioner was entered as 24.08.1993 and after verifying the above documents only, the appointment orders were issued to the petitioner.
5. It is further submitted that while the matter stood thus, the above certificates were sent to the D.E.O., Hyderabad for verification of its genuineness. Vide letter, dated 09.01.2013, it is informed by the D.E.O., Hyderabad, that as per Admission Register of Crown International High School, Qazipura, Hyderabad, the date of birth of the petitioner is 24.08.1997 but the date of birth in Bonafide Certificate is tampered as 24.08.1993 and therefore, the bona-fide Certificate and Transfer Certificate of the petitioner are not genuine. Basing on the said information, respondent No. 1 straight away issued show cause notice vide Memo No. Supdt./1324/2011/3657, dated 15.02.2013 to the petitioner calling for his explanation directing to explain for the serious lapse i.e., the date of birth in both the Transfer Certificate and Bonafide Certificate have been tampered within two weeks. It is further submitted that the petitioner has submitted a detailed explanation on 25.02.2013, wherein he has categorically stated that the date of birth entered in the transfer certificate as 24.08.1993 is authentic and correct and further stated that as per S.S.C. fail memo, issued by the Board of Secondary Education, A.P., Hyderabad, his date of birth is 24.08.1993 but not 24.08.1997 and requested the authorities if any doubt, the same may be
Phvanendra Narayan Verma vs. Sanjay Gandhi P.G.I. of Medical
A termination order based on allegations of misconduct without conducting a departmental inquiry is stigmatic and punitive in nature, requiring compliance with principles of natural justice.
Stigmatic termination orders founded on misconduct allegations, even for temporary/co-terminus employees, require formal enquiry and competent authority approval for show cause; pending disclosed FIR....
A probationer is entitled to certain protection, and his services cannot be terminated arbitrarily or in a punitive manner without complying with the principles of natural justice.
Dismissal without inquiry violates principles of natural justice; a show cause notice cannot replace the need for a proper inquiry.
: Petitioner has been terminated on the ground of his being surplus in the Force which is not in consonance with principles of law.
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