Allowed

Bhimavarapu Babu Rao v. The State of Andhra Pradesh

Andhra Pradesh HC22 Jul 2022WP/13492/2020

Case brief

AI extract

What is this about?

Petitioner challenged termination from service in a temple for fake educational certificates. The High Court held the evidence was inadequate due to destroyed records at the school. The Court set aside the dismissal of the appeal, quashed the termination proceedings, and directed reinstatement and a fresh inquiry.

What did the court decide?

Impugned proceedings dated 07.01.2020 and 11.07.2018 set aside; petitioner reinstated; fresh inquiry directed.

Bhimavarapu Babu Rao Vs The State of Andhra… — Service and Employment | Andhra Pradesh HC (2022)

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_HON’BLE DR. JUSTICE K. MANMADHA RAO

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WRIT PETITION No.13492 of 2020

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ORDER :

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This writ petition is filed under Article 226 of the Constitution of India for the following relief:-

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“to issue a Writ of Mandamus or other appropriate writ order or direction declaring the Proceedings No. A1/1070068/2018, dated 07.01.2020 passed by the 2^nd respondent herein dismissing the Appeal filed by the petitioner against the order of dismissal vide proceedings in Rc.N. A1/11/2017 and A1/132/2017, dated 11.07.2018 passed by the 3^rd respondent herein as illegal, arbitrary, unreasonable, null and void violation of Principles of Natural Justice violation of Articles 14, 16 and 21 of the Constitution of India besides contrary to the provisions contemplated under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 and the rules made thereunder and consequently set aside the same and to grant such other or further orders……. ”

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The case of the petitioner is that the petitioner was

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initially appointed s Attender in the year 1980 in Sri Mavullamma Vari Devasthanam, Bhimavaram, West Godavari District. On 6.1.2007, the 3^rd respondent has issued orders promoted the petitioner to the cadre of Record Assistant in Sri Mavullamma Ammavari Devasthanam and since then he discharging his duties as Recording Assistant without any remark. The 3^rd respondent addressed a letter on 6.12.2007 to the then Head Master of A.R.K.R. Municipal High School and the Head Master on 10.12.2007 addressed a letter to the 3^rd respondent informed that there are no records prior to the year 1986 as the complete records were damaged in the flash floods

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occurred in the year 1986. The 3^rd respondent issued proceedings vide Rc.No.A1/132/2014, dated 30.01.2018 temporarily suspended the petitioner from service. Thereafter, the petitioner submitted a detailed explanation on 13.2.2018 denying all the charges levelled against him. The petitioner was served a letter dated 27.2.2018 from the 4^th respondent informing that the 3^rd respondent herein appointed him as Enquiry Officer for conducting the enquiry for the charges levelled against the petitioner. The petitioner herein addressed a letter dated 5.3.2018 to the respondents No. 3 to 5 requesting them to change the enquiry officer as the respondents No.3 and 4 are working in the same Temple from long back and also they belong to same caste, therefore they might have influence with each other.

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It is further stated that the 3^rd respondent issued proceedings dated 14.3.2018 stating that the letter submitted by the petitioner with regard to change the enquiry officer B.Satyanarayana is not taken into consideration. Due to illegal acts of the 4^th respondent the Managing Trustee of the Sri Mavullamam Ammavari Devasthanam passed a resolution No.14, dated 12.7.2016 requesting the 3^rd respondent to transfer the 4^th respondent from Devasthanam and basing on the said resolution, the 3^rd respondent addressed a letter to the 2^nd respondent to transfer the 4^th respondent from the aforesaid Devasthanam. The 4^th respondent issued notice dated 18.3.2018, 23.3.2018, 7.4.2018 and 28.4.2018 to attend the enquiry. The petitioner addressed a letter dated 21.3.2018,

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31.3.2018, 17.4.2018 and 7.5.2018 stating that he is unable to attend the enquiry since he is suffering with pain in Back bone, Hyper tension and Diabetes and is bed ridden and requested the 4^th respondent for further opportunity. However, the 4th respondent without giving any intimation or whatsoever, submitted enquiry report to the 3^rd respondent on 16.5.2018. Accordingly, the 3^rd respondent herein issued show cause notice vide Rc.No.A1/132/2017, dated 24.05.2018 as to why the petitioner cannot be removed the petitioner permanently while calling for explanation within 7 days from the notice. Thereafter, the petitioner submitted his explanation on 2.6.2018. Without considering the material available on record from proper perspective and without even adverting to the contents of his explanation, the 3^rd respondent issued impugned proceedings dated 11.7.2018 terminating the petitioner from service. Thereafter, the petitioner preferred an appeal before the 2^nd respondent on 28.8.2018. However, the 2^nd respondent without considering the evidence available on record and without giving any opportunity to the petitioner for personal hearing, issued proceedings No.A1/1070068/2018, dated 7.01.2020 dismissing the appeal filed by the petitioner. Hence, the present writ petition.

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Counter is filed by the 2^nd respondent denying all the material allegations made in the petition and contended that a document bearing Admission No.5784 and Transfer Certificate bearing No.786306 issued in VIII Standard in fulfillment of the educational qualification for the post of attender and on the

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strength of the said certificate, the petitioner continued to hold the post so also in the course of time, he secured promotion to the post of Record Assistant. Appropriate to state that Sri B.Sai Baba and G. Ravi had lodged a complaint against the petitioner before Sub Collector, Narasapuram, alleging that the TC produced by the petitioner is fake one and the T.C in question, was issued in favour of Kunapareddy Manoja Lakshmi and thereupon Sub collector directed the Tahsildar, Bhimavaram to make enquiries on the said allegations and report be submitted. The Tahsildar took note of the statements made by the Head Master of ARKR Municipal High School and Deputy Educational Officer in the presence of the petitioner and the n Executive Officer and forwarded the said report to the Sub Collector. It is further stated that then Executive Officer of the subject temple on his turn had conducted investigation into the allegations of charges independently and made enquiries as to genuineness of T.C and Admission number from the Head Master and in response thereto furnished facts, in absolute, based on record touching, issuance of TC and it came to be realized/demonstrated that the said certificates patently are fake.

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It is stated that considering serious and grave allegations, the then Executive Officer had initiated disciplinary proceedings against the petitioner by proceedings dated 30.01.2018 in Rc.No.A1/132/2017, depicting the articles of charge and placed him under suspension pending enquiry and called for explanation. It is well settled law that

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no prior notice is required while placing the employee under suspension and therefore non-issuance of Notice before suspension may not invite any infirmity in law.

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The Enquiry Officer/4^th respondent had probed into the charges as to whether the petitioner studied in ARKR Municipal High School, Bhimavaram with AdmissionNo.5784 and the said school has issued TC of VIII standard bearing No.786306 in testimony of study and educational qualification and genuineness of said certificates. It is further stated that the 3^rd respondent had considered the explanation in Rc.No.A1/11/2017 and A1/132/2017 dated 11.07.2018 and the petitioner has preferred an appeal before the 2^nd respondent on 28.8.2018 and the same was dismissed. The 3^rd respondent had followed the procedure and considered the explanation dated 02.06.2018 submitted by the petitioner.

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Reply affidavit is field by the petitioner while reiterating the averments made in the petition, denied all the averments made in the counter filed by the respondents. It is further stated that he was appointed on compassionate grounds. The petitioner’s father was completely bedridden due to paralysis, the petitioner was appointed by the managing trustee on sympathetic manner that it can be said that the appointment is purely on compassionate grounds. It is stated that the allegation of the 3^rd respondent is that the Transfer Certificate of VIII standard issued by ARKR Municipal High School, Bhimavarfam is fake and forged one is totally baseless and incorrect. It is further stated that after 38 years of his

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service, an objection was raised with regard to educational qualifications, therefore the petitioner made an application under RTI Act, 2005 to the ARKR High School on 13.11.2017 to confirm the TC No.786306 issued by the then Head Master and in response to his RTI application, the Head Master of the said School given a reply informing that there is no possible for giving information in view of that the Admission Register relating to the year 1972 was spoiled.

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Heard Mr. P. Durga Prasad, learned counsel appearing for the petitioner and learned Government Pleader and Mr. K. Madhava Reddy, learned Standing Counsel for Endowments appearing for the respondents.

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On hearing, this Court observed that the 4^th respondent issued notice on 18.3.2018 to attend the enquiry on 28.3.2018 along with education certificates from 1^st class to 8th class. Thereafter, the petitioner addressed a letter dated 21.3.2018 to the 4^th respondent requesting to grant 20 days time. However, the 4^th respondent issued notice on 23.3.2018 to attend the enquiry on 28.3.2018, and subsequently, the petitioner addressed a letter dated 31.3.2018. Moreover, the 4^th respondent herein issued notice on 07.04.2018 to attend the enquiry on 18.04.2018, the petitioner submitted a letter dated 17.4.2018 stating that he is unable to attend the enquiry due to ill health. The 4^th respondent herein issued notice on 28.4.2018 to attend the meeting on 9.5.2018 the petitioner submitted a letter dated 7.5.2018 stating that he is unable to attend the enquiry since the petitioner suffering with pain in

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Back Bone, Hyper Tension and Diabetes and is bed ridden and requested the 4^th respondent for further opportunity.

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It is an admitted fact that the petitioner filed an appeal before the 2^nd respondent and thereafter he filed WP No.31854 of 2018 before this Court and the same was dismissed vide order dated 7.9.2018 as the writ petition is premature. As there are no orders are passed in the Appeal which is pending before the 2^nd respondent, the petitioner filed WP No.10108 of 2019 and this Court vide order dated 29.07.2019 disposed of the writ petition directed the 2^nd respondent herein shall consider and dispose of the appeal as expeditiously as possible, preferably within two months from the date of receipt of a copy of that order.

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As per the letter of Head Master, A.R.K.R. Municipal High School, Bhimavaram, which is filed at page No.138 of the material papers, it clearly mentioned that “ As per your letter and asking that one Bhimvarapu Babu Rao, S/o Adinarayana was studied in our school, and we issued TC No.786306 dated 16.6.1995. In the year 1986 there is no previous record is not available in our school. The said record is destroyed due to 1986 cyclone. Due to that reason we could not give the said record as per your request.”

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A plain reading of the above letter, it clearly establishes that the enquiry conducted by the respondents is not acceptable. Hence, prima facie this Court observed that the ARKR School authorities stated that they did not issue T.C. in favour of the petitioner and in 6^th class admission register

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also there is no his name. Among that the D.E.O., Bhimavaram also stated that there is no admission application of the petitioner of 6^th class, the TC also not issued to him from the School, hence it is a fake certificate and the same was mentioned in the Enquiry report by the Enquiry officer.

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In view of the foregoing discussion and upon perusing material availed on record, this Court deems fit to dispose of the writ petition while setting aside the impugned proceedings dated 07.01.2020 issued by the 2^nd respondent dismissing the appeal filed by the petitioner against the order of dismissal vide proceedings dated 11.7.2018 issued by the 3^rd respondent.

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Accordingly, the Writ Petition is disposed of setting aside the impugned proceedings No.A1/1070068/2018 dated 7.1.2020 issued by the 2^nd respondent dismissing the appeal filed by the petitioner against the order of dismissal vide proceedings in Rc.No.A1/11/2017 and A1/132/2017, dated 11.7.2018 issued by the 3^rd respondent. Further, the respondents are directed to reinstate the petitioner into service. Further, the respondents are directed to conduct fresh enquiry and pass appropriate orders in accordance with law. There shall be no order as to costs.

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As a sequel, all the pending miscellaneous applications shall stand closed.

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______________________________ DR. K. MANMADHA RAO, J.

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Date : 22-07-2022 Gvl

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HON’BLE DR. JUSTICE K. MANMADHA RAO

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WRIT PETITION No.13492 of 2020

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