Koppera Satish Kumar Vs The State of Andhra Pradesh

The Writ Petition is filed questioning the action of the Respondent No.4 in removing the Petitioner from service vide Rc.No.1459/A3/A7/2022, dated 23.04.2024, which was confirmed in Appeal dated 07.10.2024 by the Respondent No.3, as illegal and arbitrary.

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After discharge from the Indian Army, the Petitioner was appointed as a Language Pandit (Hindi) through the District Selection Committee (DSC)-2008. Thereafter, he was promoted to the post of School Assistant in Hindi and was posted to ZPHS, Revanur (V), Koilakuntla (M) vide Proceedings dated 15.01.2021. The Petitioner was placed under suspension on allegations of misconduct by the Respondent No.4 on 26.08.2022, however, the suspension of the Petitioner was revoked on 28.11.2022 and posted to Kokkarachedu Village, Halaharvi Mandal, Kurnool District. Thereupon, the Petitioner submitted representations on 12.12.2022 and 15.12.2022 to the respondents to continue him at ZPHS Revanur (V), Koilakuntla Mandal.

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On the ground that the Petitioner had not reported for duty at ZPHS School, Kokkarachedu Village, a show cause notice was issued to the Petitioner on 12.07.2023 to explain as to why action should not be initiated against him for unauthorized absence for a period of one year 4 months. Thereafter, the District Educational Officer, Kurnool, vide Proceedings dated 23.04.2024, straight

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away imposed a penalty of removal from service in terms of Rule 9 (ix) of A.P. Civil Services (CCA) Rules, 1991 as amended in G.O.Ms.No.127 General Admn ( Services.C) Department, dated 15.09.2017, duly treating the un-authorized absence period from 28.11.2022 onwards as „DIES-NON”.

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Questioning the same, the Petitioner filed Appeal before the Regional Joint Director of School Education, Kadapa and the same was dismissed on 07.10.2024 vide Rc.No.1943/B2/2024. Hence, the present Writ Petition.

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Learned counsel for the Petitioner submits that both the orders i.e., the original order and the Appellate Order, were passed by the same person and therefore, he seeks to set aside the Order in Appeal dated 07.10.2024 on this short ground.

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Learned Assistant Government Pleader for School Education submits that the Regional Joint Director of School Education had disposed of the appeal without taking note of the fact that the same officer had passed the punishment of removal as District Educational Officer.

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7. Heard the learned counsels.

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“Sri K. Samuyelu”, the District Educational Officer, Kurnool had passed the order of removal of the Petitioner from the service vide Orders dated 23.04.2024. The appeal was rejected on 07.10.2024 by the same individual in the capacity of the Regional Joint Director of School Education, Kadapa and the same is improper and unfair. On this short ground, the Order in Appeal

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dated 07.10.2024 of the Regional Joint Director of School Education, Kadapa, is liable to be set aside.

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Accordingly, the Writ Petition is disposed of with the following directions:

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i) The Order in Appeal dated 07.10.2024 of the Regional Joint Director of School Education, Kadapa, is hereby set aside.

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ii) The Appeal shall be considered afresh by an Officer in the cadre of the Regional Joint Director of School Education other than the individual who passed the original order named above.

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iii) There shall be no order as to costs.

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As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed

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__________________ NYAPATHY VIJAY, J

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Date: 06.07.2026 eha

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY