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2024 DIGILAW 1593 (AP)

Mutyala Nagendra Babu v. State Of Andhra Pradesh

2024-12-19

K.MANMADHA RAO

body2024
ORDER : K Manmadha Rao, J. The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…. to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the 6th respondent in terminating the services of the petitioner from the post of Lab Technician Gr-II vide Pro.RC.No.3656/E3/SMC.VJA/2022 dated 01.08.2024 without considering my representation dated 31.07.2024 seeking 10 days of time to submit my written explanation to the Show Cause Notice issued by the respondent No. 6 vide Pro.RC.No.3656/E3/SMC.VJA/2022 dated 29.07.2024 without granting a reasonable time and an opportunity and in contravention of the authority of this Honorable Court in WP.No.19226 of 2024 and as contrary to the principles of Natural Justice and as illegal arbitrary unjust and unreasonable and in violation of the Articles 14 16 and 21 of the Constitution of India and it is consequently prayed to set aside the impugned termination orders issued vide Pro.RC.No.3656/E3/SMC.VJA/2022 dated 01.08.2024 issued by respondent No. 6 and to restore the services of the petitioner with all the consequential benefits from the date of termination dated 01.08.2024 and to pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case.” 2. The case of the petitioner in brief is that the petitioner was selected and appointed as Lab Technician Gr-II on a contract basis in the combined notification of Health Medical & Family Welfare Department, Krishna District vide Notification No.01/2022, dated 06.08.2022 issued by the District Selection Committee, Krishna District under the chairmanship of 3rd respondent and presently working in the 6th respondent’s college. While so, a complaint against the petitioner was received before the 6th respondent stating that the documents produced by the petitioner was fake and fabricated documents. Basing on the said complaint, the 6th respondent issued a show-cause notice dated 29.07.2024 inviting explanation within 48 hours as to why the petitioner services cannot be terminated as Lab Technician Gr-II on contract basis. In view of the same, the petitioner made a representation dated 31.07.2024 to the 6th respondent seeking 10 days time to produce his apprenticeship certificate. Instead of considering the said representation, the 6th respondent has issued termination orders vide Pro.RC.No.3656/E3/SMC.VJA/2022, dated 01.08.2024. Aggrieved by the said action, the present writ petition is filed. 3. In view of the same, the petitioner made a representation dated 31.07.2024 to the 6th respondent seeking 10 days time to produce his apprenticeship certificate. Instead of considering the said representation, the 6th respondent has issued termination orders vide Pro.RC.No.3656/E3/SMC.VJA/2022, dated 01.08.2024. Aggrieved by the said action, the present writ petition is filed. 3. Heard Sri G.V.S.Kishore Kumar, learned counsel appearing for the petitioner and learned Assistant Government Pleader appearing for the respondent Nos.1 to 5. 4. Despite service of notice, none appeared for the 6th respondent. 5. On hearing, learned counsel for the petitioner submits that basing on a complaint, the 6th respondent issued a show-cause notice to the petitioner inviting explanation within 48 hours. He further submits that the 6th respondent without giving sufficient time to produce certificates of the petitioner and without considering the representation of the petitioner dated 31.07.2024, has issued termination order vide Pro.Rc.No.3656/E3/SMC.VJA/2022, dated 01.08.2024, which is illegal and arbitrary. Hence, the learned counsel for the petitioner requests to pass appropriate orders. 6. Learned Assistant Government Pleader appearing for the respondents has furnished a copy of the written instructions of the 6th respondent dated 22.11.2024 and submits that, after receiving a complaint against the petitioner, the 6th respondent addressed a letter to the Medical Superintendent, Area Hospital, Chirala to verify whether the apprenticeship certificate produced by the petitioner was genuine or not, and the said authority informed that the same was not genuine. Thereafter, a detailed note was submitted to the respondent authorities regarding the production of fake apprenticeship certificate by the petitioner and the said authorities have passed orders on the note and directed the 6th respondent to exclude the name of the petitioner, Rank No.01 and application No.1773, from the selection list for the post of the Lab Technician Gr-II and terminate the services of the individual immediately. Basing on the said instructions, the 6th respondent rightly issued termination orders to the petitioner. As such, the writ petition deserves dismissal and prays to dismiss the same. 7. Considering the submissions of both the learned counsels, this Court feels that the 6th respondent ought to have considered the petitioner’s representation dated 31.07.2024 and pass appropriate reasoned order. But the respondent authorities have not considered the representation of the petitioners. Hence, this Court is inclined to dispose of the writ petition while declaring the action of the respondents, as illegal and arbitrary. 8. But the respondent authorities have not considered the representation of the petitioners. Hence, this Court is inclined to dispose of the writ petition while declaring the action of the respondents, as illegal and arbitrary. 8. Accordingly, the Writ Petition is disposed of setting aside the termination order vide Pro.RC.No.3656/E3/SMC.VJA/2022, dated 01.08.2024 issued by the 6th respondent. Further, the 6th respondent is directed to consider the petitioner’s representation, dated 31.07.2024, and pass appropriate reasoned order, in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order. As a sequel, interlocutory applications, if any pending, shall stands closed.