2024:APHC:1380 HIGH COURT OF ANDHRA PRADESH FRIDAY ,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRSENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 165 OF 2024 Between:
1. KONETI SUBBA RAJU , S/o Late Koneti Subba Raju, Occ. Assistant Executive Officer, Kapilatheertham Temple, Aged about 60 years, Rio D. No. 33 B Type, K.T. Quarters, Tirupati, Tirupati District, Andhra Pradesh 517 501 ...PETITIONER(S)
AND:
1. THE STATE OF ANDHRA PRADESH Rep. by its Principal Secretary, Department of Endowments, Secretariat Buildings, Velagapudi, Amaravati, Andhra Pradesh.
2. The Tirumala Tirupati Devasthanams, Tirupati, Rep. by its Chairman, Plot No. 12, Brindavan Villas, Navodaya Colony, Tadepalli, Guntur District, Andhra Pradesh.
3. The Executive Officer, Tirumala Tirupati Devasthanams, Tirumala Tirupati Devasthanam Administrative Building, Tirupati, Tirupati District, Andhra Pradesh.
4. The Joint Executive Officer, Tirumala Tirupati Devasthanams, Tirumala Tirupati Devasthanam Administrative Building, Tirupati, Tirupati District, Andhra Pradesh.
5. The Deputy Executive Officer (RR), Tirumala Tirupati Devasthanams, Tirumala Tirupati Devasthanam Administrative Building, Tirupati, Tirupati District, Andhra Pradesh
6. P. Nagaraja Achary, S/o not known to the Petitioner, Occ. Appraiser, TTD Jewellery Section, Old Huzur Office, Tirupati- 517501 ...RESPONDENTS Counsel for the Petitioner(s): ADARSHITHA KILARU Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following: ORDER
2024:APHC:1380 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.165 of 2024
ORAL ORDER:
Heard Ms. Adarshitha Kilaru, Ld. Counsel for the Writ Petitioner and Sri S.N.Chidambara Sastry, Ld. Standing for TTD (appearing through video conference) appearing for the Respondents.
2. The present Writ Petition has been filed by the Assistant Executive Officer of TTD complaining about the inaction on the part of the TTD Officials in not acting on the Representations submitted by the Writ Petitioner dated
04.03.2023 and 10.03.2023 (Exs.P.3 and P.5 respectively).
3. The Representation submitted by the Writ Petitioner dated 04.03.2023 would indicate that the Respondent No.6 has been transferred from T.T. Parakamani, Tirumala, as the Jewellery Appraiser in the Jewellery Section of TTD. It is stated that at one point of time, the Writ Petitioner was the superior Officer under whom the Respondent No.6 worked. By the date the two Representations were given by the Writ Petitioner dated 04.03.2023 and 10.03.2023, the Writ Petitioner, 2 2 0 2 4 : A P H C : 1 3 80 admittedly, is not the Officer under whom the Respondent No.6 has been working.
4. Sri S.N.Chidambara Sastry, Ld. Standing for TTD (appearing through video conference) appearing for the Respondents has drawn the attention of this Court to the Proceedings of the Executive Officer bearing Roc.No.DA1/4473/AEO(Enq.)/2022, dated 09.10.2022 (Ex.P.2) and would submit that even prior to the Representations submitted by the Writ Petitioner dated 04.03.2023 and 10.03.2023, the Executive Officer has already initiated disciplinary Proceedings and that the Articles of charge have also been issued.
5. The present Writ Petition is filed by the present Employee of the TTD (in the capacity of Assistant Executive Officer) seeking a direction to the Respondents to consider the Representations (mentioned supra).
6. The nature of the cause which is presented in this Writ Petition is in the nature of a Public Interest Litigation by an Employee of the TTD against the other Employees of the TTD.
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7. The Writ Petitioner, while being in the service ought not to have resorted to filing of such Representations without there being any locus. The locus would emanate only to espouse any personal causes if his service conditions are affected in some manner or the other. But the present Writ Petition is filed to seek a direction to initiate some action against the Respondent No.6. T.T.D is governed by set of Rules and Regulations, which also include rules for initiating disciplinary proceedings for misconduct and irregularities in performing duty etc.,. Rules and Regulations lay down the procedure for initiating disciplinary proceedings. There is hierarchy of Officers in the Board and there is a discipline that ought not to be violated by the Employees. If there is any action that is to be taken against the Respondent No.6, the superior Officer who has direct control over the Respondent No.6 would act upon the information given by the Public or by any Officer. Once the Representation has been given by the Writ Petitioner to the concerned authority, the issue would end. The said Employee is expected to leave it to the discretion of the Officers, but he cannot indulge in filling such cases.
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8. With these observations, this Court is of the view that there is no cause of action that can be espoused by the Writ Petitioner. This Court is also of the opinion that the present Writ Petition is an abuse of process and therefore, while dismissing the present Writ Petition this Court is inclined to impose exemplary costs on the Writ Petitioner. The Writ Petitioner is directed to pay an exemplary costs of Rs.20,000/- (Rupees Twenty Thousand Only) in favour of Sri Venkateswara Annaprasadam Trust, TTD, Tirupati, within a period of four weeks from today and produce a copy of the receipt to the Respondent No.3 within a week thereafter.
9. Accordingly, the Writ Petition is dismissed with costs.
10. Interlocutory Applications, if any, stand closed in terms of this Order.
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