C.H. Gopal v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.5550 OF 2019

ORDER

This writ petition is filed seeking the following relief: "....to issue an order or direction more particularly one in the nature Writ of Mandamus declaring the impugned orders in No.D.V.C/818/Bayaram-10th wide/Sa.tha/2017, dated 23.09.2017 of the 3rd respondent in removing the petitioner from the service of Field Assistant of Bayyaram Mandal, Mahabubabad District and further action of the 2nd respondent in not considering and disposal of appeal dt 13.11.2017 filed by the petitioner as illegal, arbitrary and violation of Articles 14, 19 and 21 of the Constitution of India and consequently set aside the aforesaid impugned orders of the 3rd respondent dt 23.09.2017 and pass such order or orders as this Hon'ble Court may deem fit and proper in the interest of justice."

Heard Sri K.Rathangapani Reddy, learned counsel appearing for the petitioner, learned Government Pleader for Services-II appearing for respondents 1 and 2 and learned Standing Counsel appearing for respondent No.3. It is the case of the petitioner that initially he was appointed as Field Assistant in the year 2006 and he is discharging his duties as such. While so, alleging that he has not maintained the records properly and misappropriated the funds, the 3rd respondent had removed him from service vide proceedings dated 23.09.2017.

Learned counsel appearing for the petitioner submits that no opportunity was given to the petitioner and no enquiry

was conducted before passing the removal order; that the petitioner preferred an appeal before the 2nd respondent on 13.11.2017, but so far no orders have been passed thereon; and that appropriate orders be passed directing the 2nd respondent to dispose of the appeal preferred by the petitioner within a reasonable time.

Learned Government Pleader and the learned Standing Counsel appearing for the respondents submits that the case of the petitioner would be considered and appropriate orders would be passed.

Having considered the rival submissions made by the learned counsel on either side, this Writ Petition is disposed of directing the 2nd respondent to consider and dispose of the appeal preferred by the petitioner, within a period of eight weeks from the date of receipt of a copy of this order, in accordance with law. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 19th March, 2019 rkk