HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.25888 of 2023

ORDER:

Heard Sri Nayakwadi 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 4^th 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 1^st 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, Nalgonda District and pass…”

3. It is specific case of the petitioner that the petitioner was appointed as Site Engineer on Contract basis/Outsourcing by the respondent No.2 under the Scheme of Sarva Siksha Abhiyan and posted at the respondent No.3 office, while it being so, an ACB case was registered against the petitioner and when the same was pending consideration the present impugned orders were issued by the 4^th respondent in Lr. No. E1/1284/TSEWIDC/2017, dated 09.12.2020 disengaging petitioner’s services as Site Engineer SSA TSEWIDC, Nalgonda Division w.e.f 05.12.2020, on the ground that petitioner was involved in a ACB Case without conducting enquiry, without giving reasonable opportunity of hearing illegally and the 1^st respondent passed consequential orders vide Memo No. 09/SE VIG/A1/2021, dated 31.7.2023 rejecting petitioner’s appeal mechanically without independent application of mind illegally, arbitrarily and in violation of Articles 14 and 16 of the constitution of India. Aggrieved by the said action of the respondents, the petitioner approached this Court by filing this Writ Petition.

4. PERUSED THE RECORD:-

A. The impugned proceedings, Lr.No.E1/ 1284/ TSEWI DC/ 2017, dated 09.12.2020 issued by the 4^th respondent is extracted hereunder:-

“In the circumstances reported by the Executive Engineer, TSEWIDC, Nalgonda Division and DSP, ACB, Nalgonda Dist., vide reference cited above, wherein it is informed that Sri Eslavath Swamy Naik, working as Site Engineer (SSA), TSEWIDC, Nalgonda Division, has been trapped by the ACB on 01.12.2020 for accepting the bribe and he was produced before the Hon’ble Court of I Addl. Special Judge for SPE & ACB cases from V Addl. Chief Judge, City Civil Court at Hyderabad at 11.30 hours on 05.12.2020.

I n the above circumstances, it has been decided to dis-engage the services of Sri Eslavath Swamy Naik, Site Engineer(SSA), TSEWI DC, Nalgonda Division w.e.f.05.12.2020.

B. The impugned proceedings Memo No.09/ SE.VI G/ A1/ 2021, dated 31.07.2023 issued by the 1^st respondent is extracted hereunder:-

In the reference 1^st cited, Sri Eslavath Swamy Naik, Site Engineer, (who is working on Outsourcing basis), Peddavoor (Mandal), for the Executive Engineer, Telangana State Education & Welfare Infrastructure Development Corporation, Nalgonda Division was trapped by Anti-Corruption Bureau officials on 04.12.2020 when he demanded and accepted an amount of Rs.80,000/- as bribe from the complainant Sri Kethavath Somani Naik for doing an official favour.

2. In the reference 3rd cited, the VC & MD, Telangana State Education & Welfare Infrastructure Development Corporation (TSEWIDC), Hyderabad had dis-engaged the Services of Sri Eslavath Swamy Naik, Site Engineer (Outsourcing basis) w.e.f., 0