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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA
Eslavath Swamy Naik – Appellant
Versus
State of Telangana – Respondent
ORDER :
(SUREPALLI NANDA, J.)
Heard Sri Nayakw adi Ramesh, learned counsel appearing on behalf of petitioner, learned Assistant Government Pleader for Services-I appearing on behalf of the respondent Nos.1 to 3 and Sri A.Yadava Reddy, learned standing counsel appearing on behalf of the respondent No.4.
2. The petitioner approached the Court seeking the prayer as follows :
“......to issue a Writ Order or direction particularly one in the nature of Writ of Mandamus declare the impugned orders issued by the 4th respondent in Lr. No. E1/1284/TSEWIDC/2017 dated 09.12.2020 wherein disengaging petitioner services as Site Engineer SSA TSEWIDC Nalgonda Division w.e.f 05.12.2020 on the ground that he was involved in a ACB Case without conducting enquiry and without giving reasonable opportunity and consequential orders passed by the 1st respondent vide Memo No. 09/SE VIG/A1/2021 dated 31.7.2023 rejecting petitioner appeal as illegal, arbitrary and unconstitutional and in violation of Articles 14 and 16 of the constitution of India and set aside the same with a consequential direction to respondents to reinstate the petitioner into service as Site Engineer SSA O/o TSEWIDC, Nalgonda Division, Nalg
Termination of services without inquiry violates Articles 14 and 16 of the Constitution, necessitating a fair hearing and reasoned decisions.
Administrative decisions must include reasons to uphold fairness and justice, particularly in compassionate appointment cases to assist dependents of deceased government employees.
A mere recital of vague reasons would not be sufficient nor a matter like the present one where the aggrieved party has a right to know the reasons for the decision being taken either for or against ....
The main legal point established in the judgment is that the requirement to record reasons for decisions is a fundamental aspect of natural justice and is essential for the validity of judicial and q....
It is a settled legal proposition that not only administrative but also judicial order must be supported by reasons, recorded in it. Thus, while deciding an issue, the Court is bound to give reasons ....
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