HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.39195 OF 2022

ORDER:

Heard Sri Amaragani Malsoor, learned counsel appearing on behalf of the petitioner and the learned Government Pleader for Services-I I I appearing on behalf of the respondents.

2. The petitioner approached this Court seeking the prayer as under:

“…to issue an appropriate Writ, order or Direction, more particularly one in the nature of Writ of Certiorari, calling for the records pertaining to the Impugned Proceedings Memo No.PD/ATMA/2022, dated 24.06.2022 Issued by the 8^th respondent whereby terminating the service of the petitioner as illegal, arbitrary, unconstitutional and against the principles of natural justice and quash the same, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

3. The case of the petitioner, in brief, is that the petitioner was appointed as Block Technology Manager (BTM) in February, 2012 on a contractual basis under ATMA and he served for over five years. Despite submitting attendance reports, the petitioner was denied salary for 11 months during 2015-2016. When the petitioner approached the respondent No.8, the Project Director, ATMA for releasing the pending salary, he demanded a bribe of Rs.60,000/–. A trap was laid by ACB, and a case was registered against the respondent No.8 vide FIR No.3/ACB-WKH/2016. Thereafter, the petitioner was subjected to harassment, including illegal transfer orders and was not allowed to join the reassigned posts. The petitioner made several representations for re-posting and continuation in service, but no action was taken. Later, the respondent No.8 vide proceedings No.PD/ATMA/2022 dated 24.06.2022 passed order terminating the petitioner’s service. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

PERUSED THE RECORD:

4. The relevant portion of the impugned memo of the respondent No.8 vide proceedings No.PD/ ATMA/ 2022 dated 24.06.2022 issued to the petitioner herein is extracted hereunder:

“Through the reference 8^th cited above, The Collector and Chairman ATMA Bhadradri Kothagudem, has accord permission to this office for termination Displinary action against Sri G. Srinivasa Rao BTM. ATMA O/o BTT Convener ATMA Aswaraopeta Division.

In view of the above, Sri G. Srinivasa Rao BTM.

ATMA O/o BTT Convener ATMA Aswaraopeta Division is hereby terminated from the services on Dt: 24-06-

2022.”

5. Learned counsel appearing on behalf of the petitioner mainly puts forth the following submissions:

a) The impugned order of the respondent No.8 had been passed in clear violation of principles of natural justice and without giving opportunity of personal hearing to the petitioner.

b) The respondent No.8 did not consider the service rendered by the petitioner to the department and terminated the petitioner unilaterally.

c) The respondent No.9 had intentionally not given permission to the petitioner to join the duties with proper transfer letter, d) Though the petitioner requested the respondent No.8 several times, petitioner had not been issued reallotment order by the 8^th respondent.

e) The particulars of the number of days attended by the petitioner in the tabular statement issued in the show-cause notice dated 15.02.2021 to the petitioner is contrary to the number of days the petitioner attended duty as indicated in the additional counter affidavit in the month of December, 2020.

6. The averments in the counter affidavit filed on behalf of Respondent Nos. 2, 4, and 8 indicate that the petitioner attended duty for only three days in December 2020 i.e., 11.12.2020, 15.12.2020 and 18.12.2020, and that the petitioner attended duty for only one day in January 2021, i.e., 16.01.2021. However, this is factually incorrect and contrary to the show-cause notice dated 15.02.2021, issued to the petitioner by the Project Director, ATMA, Bhadradri Kothagudem. The show-cause notice clearly indicates that the petitioner atten