B. Murlidhar Goud, S/o B. Raman Goud v. District Educational Officer, Jogulamba Gadwal
2022-02-10
T.VINOD KUMAR
body2022
DigiLaw.ai
ORDER : This Writ Petition is filed assailing the order of suspension issued by the 1st respondent in Rc.No.424/A3/2021 dt.29.12.2021 as being illegal, arbitrary and in violation of principles of natural justice. 2. Heard learned counsel for petitioner and learned Government Pleader for Services-I appearing for respondents. With their consent, this Writ Petition is taken up for hearing and disposal at the stage of admission in virtual mode. 3. Petitioner contends that by the impugned order issued by the 1st respondent, the petitioner has been placed under suspension from service on the ground that petitioner has absconded from performing school duties and therefore conducted himself in dereliction manner warranting initiation of disciplinary action and in the process of such initiation of disciplinary action, petitioner is being placed under suspension. 4. Petitioner further contends that in the impugned proceedings, under which petitioner is placed under suspension, there is no whisper of the period when petitioner has absconded from school duties, to which petitioner could have offered explanation, if any. Further petitioner contends that he was on medical leave during the period from 02-11-2021 to 17-12-2021, which has been duly sanctioned by the Authorities concerned, and upon expiry of the sanctioned medical leave period, petitioner has reported to duty on 18-12-2021 and thereafter has been performing duties, and a cursory look at the impugned order issued by the 1st respondent clearly shows that the same is vitiated and is motivated. 5. Learned Government Pleader for Services-I appearing for respondents while opposing the above Writ Petition, would contend that the petitioner has a remedy of appeal against the impugned order under Rule 33 of the Telangana State Civil Services (Classification, Control and Appeal) Rules, 1991 and the same being an effective remedy provided to the petitioner, petitioner should be relegated to the remedy of appeal and not to approach this Court by filing the present Writ Petition invoking the extraordinary jurisdiction of this Court under Article 226 of Constitution of India. 6. I have taken note of the submissions made by the learned counsels appearing for parties. 7. On being queried by this Court as to whether the impugned order issued by 1st respondent mentions the period of absconding by the petitioner from performing his school duties, learned Government Pleader for Services-I fairly submits that the impugned order does not mention the period of alleged absconding by petitioner. 8.
7. On being queried by this Court as to whether the impugned order issued by 1st respondent mentions the period of absconding by the petitioner from performing his school duties, learned Government Pleader for Services-I fairly submits that the impugned order does not mention the period of alleged absconding by petitioner. 8. Having considered the submissions made as above and also taking note of the fact that the impugned order does not either mention or indicate the period of absconding of petitioner warranting initiation of disciplinary proceeding for which petitioner is sought be placed under suspension, as rightly contended by the petitioner, this Court is of the considered view that the impugned order cannot be sustained. 9. In view of the same, the Writ Petition is allowed; the impugned order of suspension issued by the 1st respondent in Rc.No.424/A3/2021 dt.29.12.2021 is hereby set aside; and the matter is remitted back to the concerned respondent-Authorities to take further action in accordance with law. No costs. 10. Consequently, miscellaneous petitions, pending if any, shall stand closed.