An administrative order passed under external dictation without independent application of mind or assigned reasons is arbitrary and illegal, particularly when it overrides a previously valid statutory order of reinstatement.

O R D E R :

This Writ Petition is filed seeking the following relief:

“... declaring that the petitioner is entitled to and deemed to have been reinstated into service and be posted as Head Mistress Grade-II at ZPHS (Boys) Asifabad, Komuram Bheem District in terms of the orders issued by the 3rd respondent in Rc. No.4795/A1/2016, dated 06-01-2017 with all consequential benefits including salary from 06-01-2017 to the date on which the petitioner is permitted to join duty in terms of the orders issued in the said proceedings duly setting aside the impugned orders issued by the 3rd respondent in Rc. No. 4795/A1/2016 dated 12-01-2017 and the consequential proceedings issued with even reference number dated 20-01-2017 and 08-02-2017 respectively on the basis of external dictation, as being arbitrary, illegal, unjustified, contrary to law and in violation of Article 14 of the Constitution of India and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2) The case of the petitioner is that while she was working as Head Master Grade-II at ZPPSS, Wankidi, Komuram Bheem Asifabad District, respondent No.3 has issued orders placing the petitioner under suspension vide Rc.No.4795/A1/2016, dated 14.12.2016, on the ground that she was crying in front of the students at the time of prayer and harassing the teachers. Subsequently, disciplinary proceedings were initiated against her vide proceedings RC No.4795/A1/2016, dated 27.12.2016, by respondent No.3 on the ground that she has exhibited negligence in discharging her duties by crying on teachers and harassing them, for which, the petitioner has submitted a detailed explanation denying the charge. In pursuance thereof, respondent No.3 has issued proceedings vide Rc.No.4795/A1/2016, dated 06.01.2017, revoking suspension of the petitioner, pending disciplinary proceedings, and on reinstatement she was posted as H.M., Grade-II, at ZPHS (Boys) Asifabad, Komuram Bheem Asifabad District. However, even before the petitioner has reported for duty, respondent No.3, at the instance of MLC and MPP Asifabad, has issued impugned order vide Rc.No.4795/A1/2016, dated 12.01.2017, keeping the orders of reinstatement and posting issued to the petitioner, in abeyance. Challenging the same, the present writ petition is filed.

3) Heard Mr. V. Ravichandran, learned counsel for the petitioner, and learned Government Pleader for Services-I for respondents.

4) Learned counsel for the petitioner would submit that there is no justification on the part of respondent No.3 in keeping the proceedings dated 06.01.2017 in abeyance, only on the basis of external dictation, though conferred with the power under the Statute for reinstating the petitioner into service. Therefore, the entire action of respondent No.3 smacks of legal malafides and repeated modification of orders amounting to colourable exercise of power in order to please political leaders. Thus, the impugned proceedings dated 12.01.2017 and its consequential orders dated 20.01.2017 and 08.02.2017 are vitiated by arbitrariness and illegal exercise of power conferred under the Rules. Learned counsel further submits that respondent No.3, upon receipt of explanation to the charge memo, has deemed it appropriate to reinstate the petitioner into service and accordingly reinstated her into service and posted at ZPHS (Boys) Asifabad in exercise of powers conferred under proviso to Article 309 of the Constitution of India. However, owing to the external dictation of others, respondent No.3 has kept the reinstatement and posting orders in abeyance. Respo