The Telangana State Women's Commission has the authority to issue summons based on information received without requiring a preliminary investigation, as per Sections 16(1)(b) and 16(3) of the Act.

ORDER :

Surepalli Nanda, J.

1. Heard Sri Ponnam Ashok Goud, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Women Development and Child Welfare, Sri Swaroop Orilla, learned Special Government Pleader representing learned Additional Advocate General appearing on behalf of the respondent No. 2 on record and Sri G.V.L.Murthy, learned counsel appearing on behalf of the respondent No. 3.

2. The petitioner approached the court seeking the prayer as under:

"....to issue order writ or direction more particularly one in the nature of Mandamus by declaring the summons issued by the 2nd respondent in Petition No 338/TGSE/HYD/2024 as null and void as the same is issued in unjust manner and without power and jurisdiction apart from being illegal arbitrary and violative of fundamental rights and against to the provisions of the Telangana State Woman's Commission Act 1998 and consequently this Honorable Court may be pleased to set aside the summons in Petition No. 338/TGSE/HYD/2024 dated 12.08.2024 issued by the 2nd respondent and pass..."

3. The case of the Petitioner, in brief, as per the averments made in the affidavit filed by the Petitioner in support of the present writ petition is as under :

It is the case of the petitioner that, the petitioner is an astrologer. While things stood thus, the 3rd respondent filed complaint dated 12.08.2024 before the 2nd respondent by making false allegations that the petitioner is an astrologer who maligns celebrities and politicians through irrational predictions. In consequence to the said complaint, the 2nd respondent initiated Petition No. 338/TGSCW/HYD/2024 and through this petition, the 2nd respondent instructed the petitioner herein to appear before the 2nd respondent commission. Aggrieved by the same, the petitioner filed the present Writ Petition.

4. This Court passed interim orders in favour of the petitioner on 21.08.2024 in I.A. No. 01 of 2024 in W.P. No. 22873 of 2024 observing as under:-

Heard Sri Ponnam Ashok Goud, learned counsel appearing on behalf of the petitioner and Sri Swaroop Orilla, learned Special Government Pleader appearing on behalf of the respondents.

The learned Special Government Pleader placing reliance on the Section 16(1) (b) and Section 16(1) (2) of the Telangana Women's Commission Act, 1998 contends that the impugned summons, dated 12.08.2024 issued by the 2nd respondent is in accordance to law and warrants no interference of this Court.

The learned Special Government Pleader in support of his submissions places reliance on the following judgments of the Apex Court

i) B.S.E. Brokers' Forum, Bombay and Others Vs. Securities and Exchanges Board of India reported in (2001) 3 SCC 482, dated 01.02.2001

ii) N.Mani Vs. Sangeetha Theatre and Others reported in (2004) 12 SCC 278, dated 16.03.2024

iii) Union of India and another Vs. Kunisettty Satyanarayana reported in (2006) 12 SCC 28, dated 22.11.2006 and in particular para No. 14.

The aforesaid first two judgments on the point that omissions or error in mentioning correct provision of law by itself would not denude the power of the authority to take action so long as the same is traceable to a statutory power governing such action and the third judgment of Apex Court in Union of India Vs. Kunisettty Satyanarayana reported in (2006) 12 SCC 28 on the point that the writ petition impugning a show cause notice is premature.

The learned counsel appearing on behalf of the petitioner on the other hand submits that even assuming that the wrong provision had been cited in the impugned summons i.e., Section 14(1) of Telangana State Women's Commission Act,1998 instead of Section 16(1) (b) and 16(1) (2) yet the impugned summons is illegal since there had been no preliminary investigation conducted by the Telangana State Commission for Women, Hyderabad into the subject issue prior to satisfying itself that the subject complaint made against the petitioner requires to be enquired into.

The learned Special Government