State of A. P. , reptd. , by its Principal Secretary, Municipal Administration & Urban Development Department, Velagapudi v. K. Madhu Phani, S/o Ramamohana Rao
2017-07-31
C.V.NAGARJUNA REDDY, G.SHYAM PRASAD
body2017
DigiLaw.ai
JUDGMENT : C.V. Nagarjuna Reddy, J. The order, dated 07.7.2017, of the learned single Judge in WPMP No. 4601 of 2016 in WPMP No. 44565 of 2016 in Writ Petition No. 36159 of 2016, whereby interim order, dated 26.10.2016, in WPMP No. 44565 of 2016 in Writ Petition No. 36159 of 2016 was made absolute, is challenged by the respondents therein in this Writ Appeal. 2. One of the main grounds on which the learned single Judge has made the interim stay absolute is that the order impugned in the Writ Petition, by which respondent No.1's service was surrendered to respondent No.2, is stigmatic, in that sense, appellant No.3 who passed the said order has described respondent No.1 as inefficient and corrupt without holding enquiry. Therefore, appellant No.3 was not entitled to stigmatise respondent No.1. 3. Learned Assistant Government Pleader, representing the learned Government Pleader for Municipal Administration (AP), submitted that there is no privity of contract between appellant No.3 and respondent No.1; that the latter was only outsourced by Zilla Samakhya, which was the predecessor of respondent No.2; and that appellant No.3 has merely surrendered the service of respondent No.1 to respondent No.2. 4. In our opinion, even in case of an outsourced employee, he cannot be stigmatised without an enquiry and in our opinion, the learned single Judge has correctly appreciated the elements of prima facie case, balance of convenience and irreparable injury in making the interim order absolute. Hence, we do not find any merit in this Writ Appeal and the same is, accordingly, dismissed. 5. As a sequel to dismissal of the Writ Appeal, WAMP No.2038 of 2017 filed by the appellant for interim relief is dismissed as infructuous.