M.B.Vijaya Kumar , v. The District Educational Officer,
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.10902 OF 2018 ORDER :
This Writ Petition is filed assailing the impugned proceedings of the 1st respondent in Rc.No.529/A1/A3/2017, dated 22.08.2017 imposing major punishment of stoppage of one increment with cumulative effect on the petitioner, which is contrary to CCA Rules and consequently to direct the respondents to restore the same.
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Services.
Learned counsel for the petitioner submits that basing on explanation submitted by one Sri P.Srinivasa Rao, S.G.T, report was submitted by the M.E.O, Mattampally, dated 23.06.2017, which is not connected with the petitioner's case, impugned order has been passed against the petitioner. He submits that the impugned order is passed without conducting any enquiry. A perusal of the impugned proceedings dated 22.08.2017 passed by the 1st respondent goes to show basing on Charge Memo issued to one P.Srinivasa Rao and explanation submitted by said P.Srinivasa Rao on 09.02.2017 impugned order is passed. As such, without conducting any enquiry against the petitioner, impugned proceedings have been issued imposing major punishment of 'stoppage of one Annual Grade Increment with cumulative effect' without any application of mind, in violation of principles of natural justice and also contrary to C.C.A Rules.
In view of the same, the impugned proceedings of the 1st respondent in proceedings Rc.No.529/A1/A3/2017, dated 22.08.2017 are set aside. However, this order will not preclude the competent authority from taking action in accordance with law.
Accordingly, the Writ Petition is allowed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _______________________________ A.RAJASHEKER REDDY, J 16.04.2018 kvs
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.10902 OF 2018 Date: 16.04.2018 kvs