Allowed

Dharavath Jyothi v. The State of Telangana

Telangana HC18 Aug 2025WP/28994/2023

Case brief

AI extract

What is this about?

Outsourced data entry operator terminated after an FIR was registered against her in a counterblast case. The High Court held that mere registration of an FIR cannot ground termination, directed the Commissioner of Police to reconsider his recommendation, and to consider her reappointment request within two weeks.

What did the court decide?

Respondent No.3 directed to reconsider the termination decision dated 19-09-2023 and consider petitioner's reappointment request within two weeks; no costs.

Dharavath Jyothi Vs The State of Telangana — Service and Employment | Telangana HC (2025)

¶1

¶2

132s21

¶3

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶4

MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

¶5

PRESENT

¶6

THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

¶7

WRIT PETITION NO: 28994 OF 2023

¶8

Between:

¶9

Dharavath Jyothi, Wo. Sida Naik Aged about 33^years, Occ. Junior Assistant^(Data Entry Operaior DEO), R/o. H.No .13-7012, Khankhan^pet, Kalluru^Village and^Mandal, Khammam District, T.S.^- 507209

¶10

.PETITIONER

¶11

AND

¶12

1 The State of Telangana, Rep. by its Principal Secretary,^{Departmentof Social} Welfare, Govt. Telangana, Secretariat Building, Hyderabad, T. S

¶13

2 The Secretary, Telangana Social Welfare Residential Education^lnstitutions Society (TSWREIS), Daniodaram Sanjeevaiah Bhavan, Masab^Tank, Hyderabad, T.S.

¶14

3 The Commissioner of Police, Police Commissionerate Office,^Khammam, Telangana - 507003

¶15

4 The District Collector, Khamrnam Diskict, T.S.

¶16

5 Regional Coordinator, TSWREIS, Khammam District, T.S.

¶17

tl SSV Creations, Rep By its Manager, 2-10-386, Jyothinagar,^Khammam (Town), Khammam District

¶18

7 The Principal, TSWRS/JC (G), Kusumanchi, Khammam District

¶19

..RESPONDENTS

¶20

Petition under A.ticle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court^{may be} pleased to issue a Writ, Direction or an Order more particularly one in the nature of Writ of Mandamus The^petitioner herein^prays that this^{Hon'ble Court may be} pleased to issue appropriate writ or order or direction more^particularly one in the nature of writ of MANDAMUS declaring the action of respondents^{is issuingthe} termination^proceedings vide C. No.162/C1- CCRB/KMM|ZO23 daled^19-09-2023

¶21

issued by the respondent No.3 by terminating the petltcnrlr from her services basing on mere registering the FIR No.12112023, dated 1C-C,S-2023 on the file of police station, Kal[ru"r; Khammam District as illegal and Lrnjust and against the principles of naturallustice and consequently direct the resrondents to re-appoint the oetitioner in her post by setting aside the terminatir,n proceedings of the outsourcing agency, in the interest of lustice and pass suclr ,:ther order or orders as this Honourable'Cour! may deem fit and proper in the r;ircumstances of the case in the interest of Justice.

¶22

(As per Court Order dated 11-08-2025 vide l.A.No.1 ot i024 in W.P.No.28994 of 2023, Prayer is amended)

¶23

lA NO: 1 OF 2023

¶24

Petition under Section 151 CPC praying that in the c rcumstances stated in the affrdavit filed in support of the petition, the High Ccurt may be pleased to direct the respondents to re-appoint the petitioner in her post by setting aside the termination proceed ngs of the outsourcing agency, in the Interest of justice.

¶25

Counsel for the Petitioner : SRI DR. KADIRI KRISHNAIAH

¶26

Counsel for the Respondents No.1,2,4&5 : AGP FOR SOCIAL WELFARE

¶27

Counsel for the Respondents No.3 : AGP FOR HOME

¶28

Counsel for the Respondents No.6 :

¶29

counsel for the Respondents No.7 ,

¶30

33,r"Jf,A|$rUf{lJSr;AlN,

¶31

The Court made the following: ORDER

¶32

HON'BLE MRS. JUSTICE SUREPALLI^NANDA

¶33

WRIT PETITION No.28994 OF 2o23

¶34

ORDER:

¶35

Heard Dr. Kadiri Krishnaiahan, learned^counsel appearing on behalf of the^petitioner, learned^Assistant Government Pleader for Socia!^{Welfare, appearingon} behalf of the respondent No.1,2,4r5 and 6,^learned Assistant Government Pleader for Home appearing^on behalf of the respondent No.3 and^{Sri BhanothuHussain,} tearned Standing Counsel appearing on^{behalf ofthe} respondent No.7.

¶36

2 As oer theo rders of th sCourt da^{ted 11-O8 .2} o25^vide I.A.No. L ol 2024 in W.P.No.289^{94t 2023. the oraver ls} ame ded as follo^ws:

¶37

"...to issue appropriate writ or order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of^respondents is^{issuing the} C. No.162lC1termination proceedings vide CCRB/KMM/2023 dated 19-09-2023^{issued by the} respondent No.3 by terminating^{the petitioner from her} services basing on mere registering^theFIR No.t2l/2023, dated 10-09-2023 on the^{file of police} station, Kalluru, Khammam District^{as illegal and unjust}

¶38

)

¶39

wp zncc+ lfzl

¶40

and against the principles of natural justice and consequently direct the respondents to re.appoint the petitioner in her post by setting aside the termination proceedings of the outsourcing agency, in the interest of^justice and to pass......"

¶41

The case of the oetitioner in brierf as per the averments made in the affidavit filed bv th e petitioner in su D ort of the ores ent writ Detition is a s unrler:

¶42

The petitroner was appointed as Reco -c Assistant in APSWRS/1.C.(G) Kalluru, Khammam District,'t'elangana State dated 14.09 2012. When the petitioner was worl. ing in the office of TSWREIS, Khammam District a case in Crime rlo.121 of 2023, dated 10.09.2023 on the file of police Station, Kharnmam District had been registered against the petitioner ba:;ing on a false complaint. The respondent No.3 with mala f/de ntention issued the termination proceedings vide C.No.162lC1-CCRB/KMM12OZ3 dated 19.09.2023 against the petitioner herein. A3qrieved by the same, the petitioner had filed the present writ pet tion.

¶43

4. PERUSED TH E RECO RD:

SN, J wP 28994²⁰²¹

(-,

(A) int nt rof loner I u the Conven er / Princi oal for District Social^Welfare R sid tio In to K ma d Pri w c Kal rud d t4.o9.20L2a extra^{cted here} der:

¶49

DISTRICT SOCIAL^{WELFA RERESIDENTIAL} EDUC ATIONAL I^{NSTITUTI ONS SOCIETY KHAMMAM.}

¶50

Rc.No. Al/Con/38/2012

¶51

From Smt. Ch. Aruna^Kumari, Convener/PrinciPal DRBRACSWR Jr^college(G) Khammam Dlstrict.

¶52

Dt:14-09-2012

¶53

To The Principal, APSWRS/JC(G) Kallur.

¶54

Sir,

¶55

Sub: DSWREIS-Khammam-Filling^{up of the Record Asststhrough} Out-sourcing Smt.^{D.Jyohti-Regarding '}

¶56

Ref: Note orders^{of the loint Collector KhammamDV 23-7-2012}

¶57

iinvitekindattentiontothereferencecited,whereinthe]oint Collector Khammam^{has permitted the Principalto engagethe services} ;aa;a. D.lyothi^{D/o BhaskarRao, Pakabanda BazarKhammamin the} vacant^post of^{Rec. Asst.}

¶58

Further the Principal^{is directedto pay the remuneration to the} individualfromthedateofherjoiningthedutyUntilfinalizationofthe Ortsor.cing agency.^{After finalizationof the Out-sourcing agency the} ipi, rsr^-,id oihu.'"roluments^{to be paidto the agency only'}

¶59

Yours faithfullY,

¶60

Convener/PrinciPa I DSWREIS Khammam.

¶61

¶62

SN. J wP 2899{ 2021

¶63

(B) The imouoned oroceedinos vide 9.No. L62/Cl/

¶64

CCRB,/KMM /2023. dated 19.09.2 023 isrsu the

¶65

Resoond ent No.3 Commissioner of Poli,:e. Kh mmam

¶66

addressed to the District Collector, Khamm am.

¶67

GOVERNMENT OF TELANGANA POLICE DEPP RTMENT

¶68

From

¶69

¶70

Vish n u S Warrier IPS The District rlollector Commissioner ol Police Khammam. Khammam.

¶71

C No. |62/C7/CCRB/KMM/2023, dt 19.01).2023

¶72

Sub: Police Department - Khammam Commis: ionerate Request to take necessary action against Smt Dharavath Jyothi W/o. Saidanaik who is working as data entry operetor at TSWRS/JC (Girls), Kusumanchi situated at SBIT College M;rcdulapalli Village of Khammam Rural lvlandal for her involvement in criminal case - submission of - regarding.

¶73

Ref: Case in Cr No. t2l/2o23 U.sec 384 r/w 34 ipC of pS Kalluru.

¶74

With reference to the above subject cited it is r.o inform that Sri Puchakayala Venkata Sathyanarayana Reddy R/o. K,appalabandham Village of Kalluru lulandal submitted a complaint to the SHO Kalluru stating that Smt. Dharavath jyothi W/o. Saidanaik v,,ho is working as Data Entry Operator at TSWRS/IC (Girls) Kusumancht situated at Sglt College, Ivladdulapalli Village of Khammam Rural Vandal and her husband Dharavath Saida Naik demanded him to pay Fls.250000/- to be compromised rn SC/ST cases filed by them against l- im and also he had to withdraw the cheque bounces cases which vrere filed by him against them. In this regard there is a mutual oral agreement between them. But said Dharavath jyothi and her hrsband iaidanaik changed their words, extorted Rs. 25000/- from him t,y threatening as they would file more SC/ST cases against him at Delhi level and ilso demanded for an additional amounl of Rs. 2,25.0f r0/-compared io previous ora I agreement.

¶75

¶76

SN, J wP 2E994 2023

¶77

Basing on the^{petition of the complaintSri Puchakayala Venkata} Satfryanaray-an^{Reddy R/o. Kappalabandham Villag-eof Kalluru Mandal} u fui" *u.'registered^{in CrimeNo 12112023 U/Sec384 rlw 34 IPC} .q"i"it Smt^{Diaravathlyothi W/o Saidanaikwho is working as Data} E-n,rV- Op"ru,or^{at TSWRC/IC (Girls)Kusumgnghi,situated at SBIT} fv"ilrf"p"f^{fi and ner husbanddharavathSaida Naik at Kalluru police} station on^{10.09.2023.This case is under investigation'}

¶78

Therefore it^{is requestedto take necessary action against Smt} Dharavath^{JyothiW/o. Saidanaik who is working as} Data Entry Ooeruto.^{at iSwRS} /^{lC (Girls) Kusumanchisituatedat S} BIT College r'l'alOufapaf^{f i Village of Khammam RuralMandalfor her inv} olvementⁱⁿ the above criminal^case.

¶79

Yours Fa ithfu^llY

¶80

Commissioner^{of Police} Khammam

¶81

¶82

TSwRS/ c(G)^Kusu manchi Kha mma m Distri^ct.

¶83

From	To
SSVCreations, OutSourcing^Agency, Khammam.	ThePrinciPal, TSWRS/JC(G)^Kusmanchi Khammam District.

¶84

Respected^Madam,

¶85

Sub: SSV Creations^{Termination of Services of Smt'D'Jyothi-} D.E.O Data Entry^{operator)-TSWRS/ICG) Kusmanchi'Khammam} District under^{out sourcing-Reg} '

¶86

Ref: First Information^{Report(FIR)Iof the Police stationKallur-} t2t/ 2023,^{Dated:10.09.2023}

<br>

,; I

SN, J \/1, 28994 2023

¶92

Advertising to the subject and referer c,: cited above Smt.D.Jyothr W/o Saidanaik DEO (Data Entry Operator) working at TSWRS/ JC(G) Kusmanchi, Khammam District t rat a FIR (First Information Report) have being registered upon thc tnd vidual, Vide considering the FIR No.t2t/2023 Dated: 10.09.2023 registered at Police station of Kallur, Khammam District, Telanga,r;. The Individual is hereby terminated from the services of outsourc nq SSV Creations who working in TSWRS/ JC(G) Kusmanchi, Khamman, District located at SBIT College, Maddulapalli Village of Khammarr Rural Mandal. Khammam District.

¶93

Therefore, it is requested to take necessary action against Smt. D.lyothi-DEO TSWRS/.IC(G) Kusmanchi, Kha m 'n,: m District and submitting for your information.

Yo;rs farthfully,

S 17 -xxx

Encl:

Xerox Copy of FIR SS'/ Creations, Outso: rr:rng agency.

¶98

¶99

The Regional Coordinator, TSWREIS, Khammam Distr cl The District Collector & [4agistrate, Khammam For Information.

¶100

(D) Counter affidavit filed on br alf J e resDondentN o.3 in t)arti a ar Da raN os- 3 ,4 and 5 are

¶101

extracted hereunder:

¶102

"3. It is respectfully submitted that as per- tlre records, the factual aspects are that one Mr.VenkataSatya.l.lrayana Reddy Puchakayala, son of Pratap Reddy, resident of (harnmam has approached the police of Kalloor police Statior and lodged a complaint with it on 10.09.2023 against Smt. t)haravath lyothi (Petitioner herein) and her husband Mr.Dharavatl :;aida Naik.

¶103

Basing on the contents of the above corrplaint, a case in C(.N:.12L/2O23 U/Secs. 384 r/w 34 IpC dated 11.09.2023 was registered on the file of Kalloor police Station. t(irammam Rural District and taken up the investigation into the case. The petitioner herein and her husband are shown as /\l and A2 in the FIR,

<br>

SN. J wP 28994 2023

It is humbly submitted^{that the writ petitionermade this} iesponaent^{partytirough he is not proper and necessary for the} adjudication^of the'lis'in^{the presentwrit petition Therefore, the} Hon'ble Court^{maybe pleased to dismiss the writ petitioninsofar} as this respondent^{is concerned."}

¶109

DISCUS SION A D CONCLU SION:

¶110

The learned counsel^{appearing on behalf of the petitioner} submits that the^{petitioner had been appointedas Record} Assistant in^{APSWRS/l.C(G),Kalluru,KhammamDistrict'} Telangana State, vide^{R.C.No.A1lCon/3812O12,dated} L4.Og.2Ol2^{(referred to and extracted above), and the petitioner} joined the dutY vide R.C. No.Ar/CL/38l2Ol2^{duly reportingto} the Principal of^{APSWRS/Junior College,Kollur,Khammam} District, through^{outsourcing agency.The petitioner had been} rendering services as^{RecordAssistantIn -Junior College of Social} Welfare Department and^{the said appointmentof the petitioner} was taken up by the^{Collector, KhammamDistrict by issuingthe} notification for the^{vacant posts in the social welfare department} of Khammam^{District' Thereby, the petitioner had been working} as Record Assistant^{without a single remark and discharging} petitioner's duties sincerely^{since September 2012'}

¶111

It is further the^{specific case of the petitionerthat the} petitioner was appointed^{as Junior Assistantcum Typist (IACT) in}

¶112

¶113

SN, J \rP 2899J 2021

¶114

APSWRS/IC Kalluru(G), vide Rc.No.VSC/09/2014, dared L4_03_ 2014 through outsourcing in Government Desartments and thereafter, the petitioner joined the said dutie; and had been rendering services from the year 2014 to 04.10.,tC23.

¶115

It is further the case oF the petitioner th,rt the petitioner was transferred to Kusumanchi Junior College (G) of RSWS, Khammam District on 20.05.2019. The petitr( ner received a letter dated 04.10.2023. The learned counse appearing on behalf of the petitioner submits that throuc h lerter dated 04.1O.2023 the petitioner was directed not to attend to the duties. A criminal case filed against the peti-r()ne r vide FIR No.121l2023, dated 10.09.2023 was register-r:c aqainst the petitioner at Police Station of Kalluru and the atrove said letter was issued to the petitioner by the respondent !().6 herein, as per the specific instructions issued by the Conrmissioner of Police, Khammam yide C.No.162lC1lCCRB/Kt14r2023, dated 79 .09 .2023.

¶116

The learned counsel appearing on behalt o, [he petitioner submits that in fact the petitioner got registered a case in FIR No. 125 of 2022 dated 20.05.2022 Under Sections :54D, 2g4(b),

SN. ] wP 28994 2023

s06, s09 rlw 34 IPC, 3(1)(rXs) SC/ST^{(POA) Act against one} Venkata Satyanarayana Reddy Putchakayala.

¶121

It is the specific case of the^{petitionerthat in the said} complaint the^petitioner had^{complainedon 20.05.2022thatthe} accused was stalking, using abusive^{words againstthe petitioner} and had threatened the^{petitioner with dire consequencesto kill} the petitioner if the^{petitioner refusesthe sexual proposalput} forth by the accused thereunder i.e one^{Venkata Satyanarayana} Reddy Putchakayala.

¶122

1O. The learned counsel appearing on^behalf of^{the petitioner} submits that as a counter^blast to^{the FIR registered by the} petitioner against the said Venkata Satyanarayana^Reddy Putchakayala, the said Venkata Satyanarayana^Reddy Putchakayala got registered an^{FIR againstthe petitioneron} L0.09.2023 with frivolous allegations^{against the petitioner vide} FIR No.12112023 Under Sectlons 384 rlw 34^{IPC. In view of the} registration of the said FIR, the^{Commissionerof Police,} Khammam addressed a letter^{vide impugnedletter vide} C.No.162ICI-CCRB/KMM/2023, dated^{19.09.2023to the District} Collector, Khammam stating that^{the said case is under}

¶123

¶124

SN..I wP 2899,1 2023

¶125

investigation and further requested the Dittrict Collector, Khammam to take necessary action against the tr:ltioner herein who is working as Data Entry Operator at TS\V]IC/JC (GIRLS) Kusumanchi situated at SBIT College Maddultrpralli Village of Khammam Rural lulandal for petitioners involvenrt:nt in the said crrminal case and basing on the said letter impugned letter C.No. 162/C1-CCRB/KYltl/2023, dated 19.09.2023, tn= consequential letter dated 04.70.2023 had been issued by the ljSp Creations, Outsourcing Agency, Khammam District tc :he principal, fSWRS/]C (G), Khammam District with a rCCUest to take necessary action against the petitioner.

¶126

The learned counsel appearing on behalf cf the petitioner contends that mere registration of FIR No.121 c,f 2023 dated 10.09.2023 on the file of Police Station, Kaltr ru, Khammam District against the petitioner, which in fact is a cc unterblast case registered against the petitioner out of vengeancl bv the said Venkata Satyanarayana Reddy Putchakayala against whom the petitioner got registered an FIR vide FIR No.2tjl2022 dated 20.05.2022 on the file of Kalluru, police Stati,)n, Khammam District and the same cannot be the basis for te -minating the services of the petitioner, who had been working sincerely with

¶127

¶128

SN, ] wP 28994 2021

¶129

the respondent Nos.2, 5 and 7^{herein since the year2OL2} onwa rds.

¶130

L2. The learned counsel appearing^{on behalfof the petitioner} submits that the Commissicner of^{Police, KhammamDistrict} addressed a letter to the District^{Collector, vide C.No.1.62/CL'} CCRB/ KMM/2023, Khamrnam^{dated19'09'2023 totake} necessary action against^{the petitioner tnerelyon the ground} that the^petitioner was^{tnvolved in the said criminalcase which} had been registered against the^{petitioner vlde FIR No.121of} 2023 dated 10.09.2023 on^{the file of Kalluru Police Station,} Khammam District and^{therefore,the learned counsel appearing} on behalf of the^{petitionercontendedthat the petitioneris} entitled for the^{relief as prayed for, in the present writ petition.}

¶131

The learned Assistant^{Government Pleader placingreliance} on the averments made^{in the counter atfidavit filed on behalf of} the respondent No.3 in^{paragraphNos.3,4 and 5 (referredto} and extracted above),^{contendsthat the petitioner and her} husband are shown as A1^{and A2 in Crime No.121 of 2023} registered against^{the petitionerand her husband Under Section} 384 r/w 34 IPC dated^{10.09.2023 on the file of KalloorPolice}

(

SN. J u,P 28991 2021

station, Khanrmam District and further that the rrommissioner of Police. Khammam had been unnecessarily irr pleaded in the present wnt petition and therefore, the writ petition neecls to be dismissed, since there is no illegality in the s:;uance of the impugned termination proceecJings dated 19.09. )_023 by the 3,d respondent.

¶136

74, A barr: perusal of the record clearly indicates that admittedly as borne on record vide Rc.No.A3lCon /38/2012 dated 14.09.2.012 (referred to and extracterl above), the Convener/ Principal, DRBRACSWR lr.College (G), Khantmam had appointed the petitioner as Recorcl Assistant throL gh o.rtsourcing and the petitioner had been di:;charginq the sa c duties since Septernber,2012.

¶137

A ba re perusal of the letter of the appointmr:rrt vicle Rc No. VSC/09/2014, dared 14.05.20t4 indicates that the petitioner had becn appointed as Junicr t\ssistant Cum Typist thr:o,.Lgh Outsourcing basis in the governnrcnt departments

¶138

A bare perusal of the record frtrther indir:ates that the order of appointment in faVour oF the petitioner iritially wa9 as Record Assistant on 14.09.201 2 and subsequer)Uy as Jr-i1ior

¶139

¶140

SN, ] wP 28994 2021

¶141

Assistant Cum Typist and the^{same had beenissued by} APSWRS/lC, Kalluru(G), Khammam^{District, TelanganaState.}

¶142

L7. A bare^perusal oF the contents of the^{impugned letter} dated lg.Og.2023, issued by the^{Commissioner of Police,} Khammam District to the District^{Collector,Khammamclearly} indicates that the commissioner of^Police had^requestedthe District collector to take necessary action^{against the petitioner} who is working as Data Entry Operator at^{TSWRS/IC (Girls)} Kusumanchi situated at SBIT College^{MaddulapalliVillage of} Khammam Rural Mandal^for the^{petitoners'involvementin Crime} No.l27/2023, Dated 10.09.2023 registered^{against the} petitioner under section 384 r/w 34 IPC by the complainant^one Sri Putchakayala Venkata Satya^{Naryana Reddy residentof} Kappalabandham Village of^{KalluruMandal.}

¶143

A bare perusal of the^{record also indicates that on} 20.O5.2022 itself the^{petitioner got registered the FIR against} the said Sri Putchakayala^{Venkata Satyanarayana Reddy} Resident of Kappalabandham Village^{of Kalluru Mandaldated} 20.O5.2022 vide FIR No.125/2022^{Under section 354D,294(b),} 506, 509 r/w 34 tPC,3(1)(r)^{(s) SC ST POAAct, 1989.}

I I !

S\J \'P t89et 20t l

A bare perusal of the complaint thereunde,r indicates that it was the casr: of the atrocities against petitionet- I €rein pertaining to stalking, using abusive words and threatr:ning with dire consequences to kill the petitioner iF the petiticner refused the sexual proposal put forth by the said accused orrr: Putchakayala Venkata Satya Narayana Reddy who is arrayed irs; accused No.1 in the said crim e

¶150

This Court opines that mere registration of the FIR against the petitioner cannot be a ground For issuing 3ny orders oF term ination/remova I under criminal law accused is not guilty unless proven guilty and in the present case edmittedly the record indicares that the petitioner got registered FIR against the said Sri Putc.hakayala Venkata Satyanarayana Redd1, vide FIR No. 125/2022 dated 20.05.2022 and the FIR re(ti:;tered against the petitioner is much Iater after more than a per.iod oF one year dated t0.09.2023 vide FIR No.121/2023 registered by Sri Putchakayala Venkata Satya narayanareddy against the petitioner herein

¶151

2L. This Court opines that the Commissiorrr:r of police, Khammam issuing a letter yrde C.No.16Z/CI-CC RB/KMM/2023,

SN, J wP 28994 2021

dated 19.09.2023 addressed to the District Collector, Khammam acted in haste in requesting the District Collector, Khammam to take necessary action against the petitioner herein even without conducting any enquiry on the subject issue unilaterally without application of mind.

¶156

rn ud m tre orted in 2O13 15 SCC oaqe 570 in "Sumit Mehta v State of NCT of Delhi" at paraqraph 13 observed as under:

¶157

"The law presumes an accused to be innocent till his guilt is proved, As a presumable innocent person/ he is entitled to all the fundamental rights including the right to liberty guaranteed under Article 21 of the Constitution of India."

¶158

This Court opines that the action oF the respondent No.3 in issuing the impugned vide C.No.162/C7-CCRB/KMM/2023 letter dated 19.09.2023 to the District Collector, Khammam withoui conducting any enquiry into the subject issue is not only a hasty decision of the respondent No.3 herein, but, it is also in total ignorance of the fact as borne on record that the said complaint registered against the petitioner is a counter blast case, registered out of vengeance against the petitioner herein, in view of the fact, as borne on record that the petitioner got registered

¶159

¶160

¶161

SN. J !,I' 28994 2023

¶162

an FIR on 20.05.2022 itself against the saiJ putchakayala Venkata satya Narayana reddy vide FIRNo.I25l2OZ2.

¶163

24, This Court opines that the 3.d responde rt is bound to reconsider the decision made vide the impugn:r1 proceedings dated 19.09.2023, in the light of the discussicn and conclusion as arrived at paras 5 to 23 of the present order.

¶164

25, TAKIN INTO C ONSIDE RATION

¶165

(a) The aforesaid facts and circumst ances of the ca se/

¶166

(b) The submissions made by the learned counsel appearrng on behalf of the petitioner and Hre learned Assistant Government pteader appearing on behalf of the respondent No.3,

¶167

@ The order of appointment dated 74.O9.2OL2 issued in favour of the petitioner,

¶168

(d) The order of appointment dated L4,OS.2OL4, (e) The contents of the impugned tetter dated 19.09.2023 issued by respondent No.3 to ther respondent No.4 issued C.No.162lC1lCCRB/ KMM/ t2023 dated 19.09.2023,

¶169

¶170

SN, J wP 28994 2021

¶171

(f) The contents of the subsequent letter vide Sl.No.10O1 dated 04.1O.2023 of the SSV Creations, Outsourcing Agency, Khammam addressed the letter to the Principal, TSWRS/JC(cirls) Kusumanchi, Khammam District.

¶172

The writ petition is atlowed. The 3'd respondent is directed to reconsider the impugned decision made vide C.No.162lC1-CCRB/KMM /2023, dated 19.09.2023 terminating the petitioner from her services unilaterally without conducting any enquiry mainly on the ground of registration of the FIR No.12112O23 dated 1O.O9.2023 on the file of Police Station, Kalluru, Khhammam District and further consider the request of the petitioner for reappointment to the post of Record Assistant in accordance to law, within a period of two (2) weeks from the date of receipt of a copy of this order, in the interest of the^justice and pass appropriate orders on the said request's of the petitioner, who is on the verge of retirement and duly communicate the decision to the petitioner. However, there shall be no order as to costs.

SN. J

\'P 28994 2013

Miscellaneous petitions, if any, pending t',in tl i:; Writ Petition.

¶177

shall stand closed.

¶178

Sd/.P.PONNA KRISHNA AS TANT RE GI9IRAR /iTRUE COPY// I ECTION OFFICER

¶179

To,

¶180

The Principal Secretary, Depafiment of Social Welfarb^(iovt. Telangana, Secretariat, Telangana State, Hyderabad, T. S

¶181

The Secretary, Telangana Social Welfare Residential^{I:clucation lnstitutions} Society (TSWREIS), Daniodaram Sanjeevaiah Bhavar , Masab^Tank, Hyderabad, T.S.

¶182

¶183