M. Palraju, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.20865 of 2017 O R D E R:

Heard counsel for the petitioner, the Government Pleader for Panchayat Raj appearing for 1st respondent and Smt R.Padma Rekha, Standing Counsel appearing for respondents 2 to 4.

2.

Petitioner contends that the order dt.19.12.2016 has been passed by the 3rd respondent terminating petitioner's services as a Field Assistant, without serving the show cause notice on the petitioner and in violation of principles of natural justice.

3.

The Standing Counsel for respondents 2 to 4 has produced a letter dt.09.12.2016 addressed by the APO, Kangti, to the 3rd respondent stating that when the show cause notice was attempted to serve on the petitioner, petitioner refused to receive the same.

4. This contention cannot be accepted for the reason that the impugned order itself does not show that petitioner refused to receive the show cause notice and in fact it noted that the petitioner did not turn up to submit explanation thereto, as if the petitioner was served show cause notice. That apart, if the petitioner had refused to receive it as alleged now, what prevented the respondents from sending the

show cause notice by registered post with acknowledgment due is not stated. Therefore, I am satisfied that there is violation of principles of natural justice.

5.

Accordingly, the Writ Petition is allowed; the order dt.19.12.2016 of the 3rd respondent is set aside; the 3rd respondent is directed to serve copy of the show cause notice on the petitioner either in person or by registered post with acknowledgment due; petitioner shall submit his explanation to it within a period of four (04) weeks from the date of receipt of show cause notice; thereafter the 3rd respondent shall conduct proper enquiry and pass final order and communicate the same to the petitioner. In the event the petitioner does not submit his explanation within the time prescribed, the 3rd respondent may proceed ex parte. There shall be no order as to costs.

6.

Consequently, miscellaneous petitions pending, if any, shall stand dismissed.

_____________________________ M.S.RAMACHANDRA RAO, J 06th July, 2017.

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