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High Court for State of TelanganaWP/18557/2016disposed of no costs

Sri.D.Anil Kumar, v. Sri.N.C.Rangacharyulu,

2016-06-15A Ramalingeswara Rao2 pages

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petition No. 18557 of 2016 Order:

It is the case of the petitioners that they are working as Mukhya Archakas in the second respondent-Temple. One Yogananda Chary is working as Upa-pradhana Archaka in the Temple. In November 2013, the said Upa-pradhana Archaka noticed that money which was offered in the hundi was spilling out due to the cloth bundle of human hair which was blocking the nozzle of the hundi. The said Archaka had removed the cloth bundle and dropped the money into the hundi. The said act was recorded in the CCTV Cameras which were placed in the Temple and was brought to the notice of the then Executive Officer of the Temple. After three years, it is alleged that the said video was edited and it started circulating in the social media.

Having come to know about the same, the Upa-pradhana Archaka lodged a complaint with the Station House Officer, SR Nagar Police Station on 01.06.2016 and requested for thorough investigation. A show cause notice was issued to the said Upa-pradhana Archaka as well as to the petitioners on 03.06.2016 and even before expiry of the time mentioned in the said show cause notice proceedings were issued on 07.06.2016 placing the petitioners under suspension along with the said Upa-pradhana Archaka. Challenging the said order of suspension, the present Writ Petition is filed.

2. Learned counsel for the petitioners submitted that the petitioners are not at all involved in the said act of Upa-pradhana Archaka and the video footage of the CCTV Camera does not contain the presence of the petitioners. Learned Standing Counsel for the second respondentTemple disputed the same. In view of this, in the absence of any averment in the affidavit filed in support of the Writ Petition, this Court is not in a position to examine the said issue. Moreover the impugned

order is only an order of suspension pending enquiry. The matter has to be enquired by the competent authority based on the video footage recorded in the CCTV Camera and the incident appears to have taken place about three years back.

3. In the circumstances, without expressing any opinion on the merits of the case, this Writ Petition is disposed of directing the second respondent to initiate enquiry pursuant to the impugned order dated 07.06.2016 and complete the same within a period of three (3) months from the date of receipt of a copy of this order. It is needless to observe that the petitioners shall co-operate with the enquiry. There shall be no order as to costs.

4. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ A.

RAMALINGESWARA RAO, J Date: 15.06.2016 Nsr