A.V.L.Narasimha Murthy v. The Commissioner, Endowments Department

HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.17902 OF 2002 ORDER:

1.

This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the respondent in terminating the services of the petitioner vide proceedings dated 12.9.2002, as arbitrary, illegal, discriminatory, without power or authority and also violative of the principles of natural justice, and consequently, to set aside the proceedings dated 12.9.2002 issued by the respondent.

2.

Heard Sri C. Srinivasa Baba, learned Counsel for the petitioner and the learned Government Pleader for Endowments.

3.

It is the case of the petitioner that he was initially appointed as clerk in the year 1990 in Koruturu Group of Temple, Koruturu (Village), Nellore District. Subsequently, the petitioner was appointed as Junior Assistant by proceedings dated 30.10.1992 and posted in the establishment of Group of Temples, Kuchipudi and later, he was placed as person-inManagement to exercise the powers, perform the functions and discharge the duties of Executive Officer of Sri Charukukha Brahma Lingeswara Swamy Temple, Chebrolu and other Institutions, Guntur District. While he has been discharging his

duties as such, the respondent issued the proceedings impugned terminating the services of the petitioner without giving any opportunity to him. Aggrieved by the same, the present writ petition is filed.

4.

Learned Counsel for the petitioner submitted that on 17.9.2002, this Court granted interim suspension of the order impugned and by virtue of the said interlocutory order, the petitioner is continuing his services.

5.

This Court having considered the submissions made by the parties is of the view that the impugned termination order was passed without giving any notice to the petitioner. Therefore, the impugned termination order is liable to be set aside.

6.

Accordingly, the impugned termination order is set aside with all consequential benefits. If the petitioner is being continued in service by virtue of the interlocutory order passed by this Court, he shall not be disturbed.

7.

With the above direction, the Writ Petition is allowed. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI Dated:30th October, 2018.

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HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.17902 OF 2002 30/10/2018 Nn.