N. Madhusudhan Rao S/o Laxmana Rao v. The District Cooperative Officer

Telangana HC20 Jun 2014WA/1906/2004

Case brief

AI extract

What is this about?

This writ appeal addressed an observation regarding a show cause notice issued to appellant clerks directed to revert to their former post. The court clarified that the earlier directive was not final, allowing the show cause notice to be examined on merits.

What did the court decide?

Explanation: Clarification issued that the letter dated 15.02.2004 is not a final pronouncement.

N. Madhusudhan Rao S/o Laxmana Rao Vs The District… — Service and Employment | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM W.A.No.1906 of 2004

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JUDGMENT: (Per LNR,J)

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The appellants were appointed as Clerks in various cooperative societies in Nalgonda District and thereafter, they claim to have been promoted as Secretaries. The District Cooperative Officer, Nalgonda, 1^st respondent herein addressed a letter, dated 15.02.2004 to the respective persons-in-charge of the Societies, where the appellants were employed, directing them to revert the appellants to the post of clerk, after issuing show cause notice. Accordingly, the persons- in-charge issued show cause notices, dated 22.07.2004. The appellants filed W.P.No.13669 of 2004, challenging the show cause notices, as well as other relevant proceedings. Learned Single Judge disposed of the writ petition through order, dated 11.101.2004 leaving it open to the appellants to submit explanation. Dissatisfied with the order passed in the writ petition, the appellants filed this writ appeal.

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Heard learned counsel for the appellants and learned counsel for the respondents.

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The filing of a writ petition against a show cause notice is a rare phenomenon. It is only when the authority who is not conferred with the jurisdiction issued show cause notice, that this Court would consider the feasibility of interfering with the same on the pure question of jurisdiction. Viewed from that angle, the refusal to interfere with the show cause notice cannot be found fault with. We however find some force in the contention of the appellant. In the show cause notices, a specific reference was made to the direction issued by the 1^st respondent to

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revert the appellants to the post of clerk. If the 1^st respondent has issued such a direction, the persons-incharge does not have any option whatever.

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Therefore, the writ appeal is disposed of, clarifying that the letter, dated 15.02.2004 addressed by the 1^st respondent shall not be treated as binding or a final pronouncement on the issue. It shall be open to the appellants to submit explanation and the persons-incharge or the management of the concerned society shall examine the explanation with reference to show cause notice on its own merits.

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The miscellaneous petition filed in this writ appeal shall also stand disposed of. There shall be no order as to costs.

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____________________ L.NARASIMHA REDDY, J

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CHALLA KODANDA RAM, J

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Date: 20.06.2014 JSU

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM

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W.A.No.1906 of 2004

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Date: 20.06.2014

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JSU

N. Madhusudhan Rao S/o Laxmana Rao v. The District Cooperative Officer

Case brief

What is this about?

What did the court decide?

N. Madhusudhan Rao S/o Laxmana Rao v. The District Cooperative Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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