K . Nageswer Rao v. Union Of India Rep By Its Secretary

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.27212 of 2017 Date:16.8.2017 Between:

K.Nageswer Rao, S/o Late Paidithalli ..... Petitioner And:

Union of India, reptd by its Secretary, Ministry of HRD, New Delhi and three others.

.....Respondents Counsel for the petitioner: Mr. K.Sudhakar Reddy Counsel for the respondents: Mr. B.Narayana Reddy Assistant Solicitor General The Court made the following:

CVNR, J & GSP, J W.P.No.27212 of 2017 Dated:16.8.2017 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) Feeling aggrieved by rejection of his request for grant of interim relief by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for short 'the Tribunal') pending O.A.No.021/000538/2017, which was filed against the order of the petitioner's termination, this Writ Petition is filed. As the facts in detail have been referred to in the impugned order by the Tribunal, it is unnecessary for us to repeat the same. However, it will suffice to note that on a serious allegation of exhibition of immoral sexual behaviour, the services of the petitioner have been terminated, without holding a formal enquiry, in pursuance of notification, vide F.No.142/93-NVS(Vig), dated 20.12.1993. Having considered the serious nature of misconduct alleged against the petitioner, the Tribunal declined to exercise its discretion in his favour for suspending the order of termination.

Though Mr. K.Sudhakar Reddy, the learned counsel for the petitioner, tried to impress upon us by arguing the merits of the case, we are not inclined to express any opinion on the merits of the case in view of pendency of the said O.A. before the Tribunal. If the petitioner succeeds in the said O.A., he will be entitled to all the consequential benefits. In the light of the facts

CVNR, J & GSP, J W.P.No.27212 of 2017 Dated:16.8.2017 and circumstances of the case, we decline to interfere with the impugned order of the Tribunal.

Accordingly, the Writ Petition is dismissed. The Tribunal is, however, requested to dispose of the said O.A. as expeditiously as possible.

As a sequel to dismissal of the Writ Petition, WPMP.No.33803 of 2017 filed by the petitioner for interim relief is dismissed as infructuous.

_____________________________ JUSTICE C.V.NAGARJUNA REDDY _________________________________ JUSTICE GUDI SEVASHYAM PRASAD 16th August 2017 DR