Bhyravabatla Chakradari, Hyderabad And Another v. Prl Secy, Women And Child Welf Dept, Hyderabad And 3 Others

HON'BLE SRI JUSTICE S.V. BHATT W.P. No.30542 OF 2017 ORDER:

Heard Mr.Nagaraju Naguru for petitioners and the learned Government Pleader for Women Development and Child Welfare. The petitioners pray for the following relief: " ...WRIT OF MANDAUMS declaring the in-action of Respondents No 1 to 3 for not taking any action against the 4th respondent as Chairperson, Child Welfare Committee, Warangal for appointing with fake degree certificates as arbitrary illegal and unconstitutional against the Articles 14, 16, 19 and 21 of the Constitution of India and consequently direct the 2nd respondent to take immediate action as per proceeding No P3/226/2015 dt:24-07-2015 of the enquiry report in accordance with law..."

The Court ordered notice to respondents. On 06.02.2018, the writ petition was listed, admitted and the following interim suspension as prayed for was granted:

"Learned Government Pleader appearing for respondents 1 to 3 seeks time for filing counter. Despite service of notice, none appeared for respondent No.4.

There shall be Interim Suspension as prayed for." The interim prayer of petitioners is to suspend the 4th respondent with immediate effect as Chairperson of Child Welfare Committee, Warangal. Now, the 4th respondent has filed application seeking vacation of the interim suspension dated 06.02.2018.

At the outset, this Court is of the view that the interim prayer as made in the writ affidavit is not maintainable and ought not to have been made by the petitioners. Therefore, the interim suspension granted on 06.02.2018 is vacated. As already noted, the petitioners complain against inaction in taking suitable action against 4th respondent against her appointment as Chairperson, Child Welfare Committee, Warangal. The learned counsel appearing for the parties consent that, if the grievance is looked into and a decision is taken by respondent Nos. 1 to 3 the petitioners are satisfied. Hence the writ petition is disposed of by this order:

(a) petitioners are given liberty to re-submit representation by enclosing a copy of this order within two weeks from the date of receipt of a copy of this order.

(b) respondents 1 to 3 are directed to look into the grievance and pass orders within four weeks thereafter. (c ) 4th respondent is afforded opportunity before a decision is taken in this behalf.

No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. ___________ S.V.BHATT, J Date:27.03.2018 Stp