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2013 DIGILAW 929 (AP)

D. Chinna Rao v. Project Officer, ITDA

2013-10-28

DAMA SESHADRI NAIDU

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ORDER Dama Seshadri Naidu, J. 1. The writ petitioner, who is a Secondary Teacher-cum-Deputy Warden, working in Tribal Welfare Ashram Girls High School, Singampally village, Rajavommangi Mandal, East Godavari District, impugned the proceedings in Rc. No. T1/25/2008, dated 09.01.2008, issued by the Project Officer (FAC), I.T.D.A., East Godavari District, the 1st respondent herein, as being illegal, arbitrary, unjust and being violative of Articles 14, 16 and 21 of the Constitution of India. The petitioner has sought a consequential direction that he is entitled to continue as a Teacher-cum-Deputy Warden with all consequential benefits. Facts, as pleaded, in brief are that the petitioner, who belongs to Scheduled Caste community, was originally appointed S.G. Teacher in Girijana Vidya Vikasa Kendra School, Bushigudem, East Godavari District, in the year 1991. After a couple of transfers, he was finally posted to the school in Singampally with effect from 13.06.2006 as Teacher-cum-Warden. He is said to have rendered over 15 years of unblemished service without any complaint what-so-ever. Concerning the hostel under his charge, it is said to consist 462 tribal boarders, having been located in a very interior place. In each room of the hostel 20 students are crammed, without any separate accommodation either for the Warden or for the Headmaster. 2. On the fateful night of 31.12.2007, a girl studying 8th class fell sick suddenly at about 10-30 p.m. On being informed by the pupils of the hostel, the petitioner rushed to the hostel room, assessed the situation and called for ANM, a paramedic, to treat the student, but to his dismay, he was informed that there was no medicine available with the ANM for fits (seizures), which the pupil was said to have been suffering from. It is stated that, though the petitioner had tried over phone to contact 108 ambulance, located in a far off place, he could not succeed, that as it was a remote area, no private vehicle was available and that despite his best efforts, he could not provide any medication to the suffering girl on that night. 3. It is further stated that on the next morning, the petitioner, having engaged an auto, took the girl to the nearby Primary Health Centre at Giddangi, from where she was again shifted to Primary Health Centre at Rajavommangi, by informing the concerned parents on route. 3. It is further stated that on the next morning, the petitioner, having engaged an auto, took the girl to the nearby Primary Health Centre at Giddangi, from where she was again shifted to Primary Health Centre at Rajavommangi, by informing the concerned parents on route. After preliminary treatment, the doctors referred the suffering pupil for a better treatment to a private hospital in Rajahmundry. To shift the girl afflicted by seizures, as the petitioner had no money about him, he rushed back to the Headmaster and sought for financial assistance, which was refused. Eventually, he could pool some money to pay for the fuel of the ambulance, but when he was about to shift the pupil, another girl studying 9th class fell sick with appendicitis. Under these circumstances, both the girls were rushed to the private hospital at Rajahmundry. Sadly, the girl suffering from fits died at 10-00 p.m. on 31.12.2007, notwithstanding the best efforts of the doctors. Insofar as the second girl is concerned, with timely treatment, she was cured of appendicitis. 4. Under those circumstances, the 1st respondent issued impugned proceedings dated 09.01.2008 placing the petitioner under suspension on the ground that he had showed slackness in performing his duties. 5. The proceedings dated 09.01.2008, indicate that the Administrative Officer, PMRC, Rampachodavaram, has conducted a preliminary enquiry as per the instructions of the Project Officer, I.T.D.A., Rampachodavaram, on the death of the pupil and submitted a report. The report is to the effect that the petitioner has not provided sufficient medical aid and not taken proper steps for providing medical treatment in time as the deceased was kept nearly for 10 hours without any medical aid. It was, thus, concluded that the petitioner was slack in discharge of his duties. In the light of the said preliminary findings, the 1st respondent, in exercise of the powers conferred by sub-rule (a) of Rule 8 of APCS (CCA) Rules, 1991, placed the petitioner under suspension from 09.01.2008. The record further reveals that under Rule 20(2) of APCS (CCA) Rules, 1991, an enquiry officer was also appointed to conduct an enquiry and submit a detailed report within 30 days. Questioning the said order of suspension, the petitioner has invoked the certiorari jurisdiction of this Court. 6. The record further reveals that under Rule 20(2) of APCS (CCA) Rules, 1991, an enquiry officer was also appointed to conduct an enquiry and submit a detailed report within 30 days. Questioning the said order of suspension, the petitioner has invoked the certiorari jurisdiction of this Court. 6. Sri D. Linga Rao, the learned counsel appearing for the petitioner, has contended that the petitioner has never been slack in discharging his duty; on the contrary, he has made every effort to save the girl, even by going to the extent of spending money from his pocket. He has submitted that the petitioner had been even living among the wards of the hostel, thus taking care of their needs round the clock. Given the geographical location of the area, which is far removed (sic. remote) from the mainstream without any easy access or conveyance, the petitioner could not be blamed for the lack of timely medical intervention. The learned counsel has stressed the point that before taking the deceased girl to a private hospital in Rajahmundry, he had approached firstly the nearest Primary Health Centre and secondly another Primary Health Centre, but without much success. The learned counsel has underlined the fact that only when this incident has become an eye-opener, the Tribal Welfare Department has provided ` 1,000/- cash and 20 litres of diesel to each of the schools in the Integrated Tribal Development Area (ITDA) after 11.01.2008. This post factum measure on the part of the authority, in the learned counsel's view, is an ample testimony that no minimum amenities had been provided to the boarders of the hostel. In the end, the learned counsel has urged that the petitioner could not be made a scapegoat in the incident, which was beyond his control, notwithstanding the petitioner's performing his duties with dedication. 7. Heard the learned counsel for the petitioner, as well as the learned Assistant Government Pleader appearing for the respondents in extenso and perused the record. 8. On 08.02.2008, this Court passed an interim order suspending the operation of impugned proceedings dated 09.01.2008 issued by the 1st respondent, consequent to which the petitioner was allowed to resume his duties. After initial extension of the order, on 30.06.2008 the said orders were made absolute. 8. On 08.02.2008, this Court passed an interim order suspending the operation of impugned proceedings dated 09.01.2008 issued by the 1st respondent, consequent to which the petitioner was allowed to resume his duties. After initial extension of the order, on 30.06.2008 the said orders were made absolute. Insofar as conducting the enquiry under Section 20(2) of APCS (CCA) Rules, 1991, perhaps due to the suspension of the entire order, the authorities have allowed the issue to gather dust. It has been submitted across the bar by the learned counsel for the petitioner that despite the lapse of more than five years, the respondent authorities have not deemed it appropriate to take any steps towards resuming the enquiry, much less completing the same. 9. The petitioner, in the meanwhile, filed W.P.M.P. No. 27703 of 2013 on 22.07.2013, contending that as on date, the disciplinary proceedings have not been concluded; but, on the contrary, the respondents have arbitrarily postponed his increments, which fall due on March of every year. It is the contention of the petitioner that once the proceedings are suspended, it would be deemed that the same would be non-existent as long as the interim orders are subsisting. Further, the suspension would not entail postponement of increment date. Terming the postponement of increments as illegal, the petitioner sought a direction to the respondents to sanction and disburse the increments that are due to the petitioner, by reckoning every March of the year as incremental date. The learned counsel has also referred to certain judicial precedents in this regard. 10. I do not propose to consider the miscellaneous petition filed by the writ petitioner, and instead, propose to dispose of the very writ petition to meet the ends of justice. 11. Strange as it may sound, the respondent authorities seem to have gone into a deep slumber, which cannot be disturbed with any gentle nod, but only with a jolt of some magnitude. It is rather strange that, having placed the employee under suspension, the authorities have remained blissfully inactive, consigning the whole proceedings to the oblivion. The petitioner too, having the comfort of continuation of service, could not complain about it, but for denial of increments, which has become the spur of the occasion. Be that as it may, it is rather said (sic. The petitioner too, having the comfort of continuation of service, could not complain about it, but for denial of increments, which has become the spur of the occasion. Be that as it may, it is rather said (sic. sad) that the authorities have totally remained phlegmatic in their approach, though the whole incident was triggered by the death of a pupil. It could have been purely due to the reason that there had not been even minimum amenities to take care of the wards, more particularly the tribal student, lodged in very remote and inaccessible areas or it could have been due to the negligence or inaction on the part of the delinquent employee. By a thorough, proper and timely enquiry, the authorities could have not only ascertained the truth, but also arrived at a conclusion as to the true cause of the incident, thus taking cue from it to prevent further calamities. 12. Without further elaborating on the issue, I feel it appropriate to direct the respondent authorities to resume the enquiry and conclude the same within a period of three months by giving due opportunity to the petitioner to defend himself. In the meanwhile, the respondent authorities may consider the issue of restoring the annual increments to the petitioner in terms of the A.P. Fundamental Rule 24. On the part of the learned Asst., Government Pleader, he has assured the Court that the authorities would be expediting the process and completing the enquiry as early as possible, definitely within the time frame fixed by this court. 13. Needless to say that none of the observations made during the course of disposing the present writ petition should be taken as the Court's expression of opinion in any manner, and the enquiry shall be conducted and concluded entirely based on the record within a period of three months' time. With the above observations, the writ petition is disposed of. No costs. As a sequel to it, miscellaneous petitions, if any pending in this writ petition, shall stand closed.