THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.24189 of 2023

ORDER:

This writ petition is filed seeking the following prayer:

“to issue a Writ, order or direction, more particularly one in the nature of a Writ of Mandamus declaring the impugned proceedings No.0062/Admin./STAS/2023, dated 13.08.2023 issued by the 3rd Respondent suspending the petitioner pending enquiry, without any basis and under the instructions of Hon’ble Minister for Yourth Advancement, Tourism & Culture and a news paper article as illegal, without jurisdiction, violative of Articles 14, 16 and 21 of the Constitution of India and consequently set aside the with all consequential benefits and pass such and further orders in the interest of justice.”

2. Heard Sri P.Rahul Reddy, the learned counsel appearing for the petitioner, the learned Government Pleader for Services-IV appearing for respondent No.1 and Sri G.Satish Reddy, the learned Standing Counsel for the Sports Authority of Telangana State appearing on behalf of respondent Nos.2 to 4. Perused the record.

3. It has been contended by the learned counsel appearing for the petitioner that the petitioner was initially appointed as Veterinary Assistant Surgeon on 24.12.1996 in the Department of Animal Husbandry and Veterinary. Therefore, he was transferred on deputation from Veterinary and Animal Husbandry Department on 19.03.2020 to work as Officer on special duty in 4^th respondent-School under Foreign Service terms and conditions. When the petitioner was working in the 4^th respondent-School, the impugned order dated 13.08.2023 has been passed by the 3^rd respondent placing the petitioner under suspension without any reasons or any material and without jurisdiction. It is further contended that the impugned order has been passed by the 3rd respondent without independent application of mind, but, only on the dictation of Hon’ble Minister vide note orders dated 13.08.2023. Therefore, the impugned order of suspension is ultra-vires. Hence, he prays this Court to set aside the same. In support of his contentions, learned counsel relied on the judgments of Apex Court in Union of India v. Ashok Kumar Aggarwal1 and State of U.P. v. Maharaja Dharmander Prasad Singh and Lucknow Development Authority v. Maharani Rajlaxmi Kumari Devi, [(1989) 2 Supreme Court Cases 505] 4. Per contra, the learned Standing Counsel appearing for respondent Nos.2 to 4 submits that an article was published in Andhra Jyothi daily news paper on 13.08.2023 under the caption “IKKADA O BRIJBHUSHAN, HAKIMPET SPORTS SCHOOL TO BALIKALA PAI ADIKARI TEEVRA LAINGIKA VEDIMPULU” and telecast of the above issue as breaking news in all the News channels regarding the allegations of sexual harassment of girls and women employees by the petitioner and alongside, a complaint petition was received from the victim on 11.08.2023. Basing on the same, an internal enquiry committee of five members was constituted to conduct a detailed enquiry on the allegations made against the petitioner vide proceedings No.0063/Admin./SATS/2023, dated 13.08.2023, consisting of i) Estate Officer, Sports Authority of Telangana State, ii) Consultant (Estate Wing), Telangana State Toursim Development Corporation, iii) Deputy Director, Sports Authority of Telangana State, iv) Volleyball Coach, Sports Authority of Telangana State and v) Editor,

1 (2013) 16 Supreme Court Cases 147

Bhoomika. Therefore, on receiving the information from the Hon’ble Minister, the petitioner was kept under pension pending enquiry. Subsequently, the petitioner was surrendered to his parent Department vide Proc.No.SATS/Estt/A2/1386/2020, dated 20.12.2023 issued by the 3^rd respondent. Therefore, he prays that the matter may be dismissed as infrcutuous.

5. This Court has taken note of the submissions made by the respective Counsel.

6. Before adverting to the facts of the case, it is relevant here to note the proposition of law laid down by the Apex Court in the precedents relied on by learned counsel appeari