Smt.S.Padmavathi, Tenali ,Guntur District v. The Govt Of Ap., School Education Dept., And 2 Others

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.18083 OF 2013 ORDER:

This writ petition is filed challenging the action of the 3rd respondent in issuing the notice vide Rc.No.4040/A5(A2)/2009, dated 18.06.2013 directing the petitioner to pay the penalty of Rs.1,00,000/- within seven days for running the school without obtaining necessary recognition certificate from the School Education Department.

As seen from the impugned notice, it does not reflect that an opportunity of personal hearing was given to the petitioner seeking her explanation. The impugned notice is in violation of principles of natural justice since the penalty imposed on the petitioner is unilateral decision. On this ground alone, the impugned notice is liable to be set aside.

Accordingly, the writ petition is allowed and the impugned notice dated 18.06.2013 issued by the 3rd respondent is hereby set aside. However, liberty is given to the respondents to initiate necessary proceedings against the petitioner in accordance with law. No costs.

Pending miscellaneous petitions, if any, shall stand closed. ________________________ T. AMARNATH GOUD, J 21st DECEMBER 2018.

Tsr