K.Madhusudhan Reddy v. Commissioner Of Endowments, Government Of A.P.,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.14169 of 2006 ORDER:

This Writ Petition is filed questioning the proceedings dated 16.06.2006 in Rc.No.A2/1680/05-2 and Rc.No.Nil dated 27.06.2006 passed by the respondents 2 and 3, respectively. The case of the petitioner is that he was appointed as clerk in 3rd respondent institution on 01.11.2004 and worked in Sri Gangamma Devatha Temple, Achavelli Village, Pulivendula Mandal, Kadapa District. But the respondents issued the impugned proceedings terminating his services, without any prior notice. Aggrieved by the same, this Writ Petition is filed. This Court, on 13.07.2006, while admitting the writ petition, suspended the impugned proceedings and directed the respondents to continue the petitioner in service. Meanwhile, W.V.M.P.No.1687 of 2006 filed by the respondents is also dismissed on 28.09.2007 holding that the impugned proceedings were issued without any prior notice.

Though counter-affidavit is filed, there is no answer to the averments made in the writ petition regarding issuance of prior notice but it is stated that the appointment is illegal. In view of the facts and circumstances of the case, without going into the merits of the case, the impugned order is set aside, on the ground of violation of principles of natural justice. Accordingly, this Writ Petition is allowed. However, as the respondents are claiming that the appointment of the petitioner is illegal, it is open for the competent Authority to take up appropriate

action in accordance with law, by issuing prior notice to the petitioner. No costs.

Miscellaneous petitions, pending if any, shall stand closed. ____________________ A.RAJASHEKER REDDY, J Date: 11-04-2016 pab HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.39117 of 2012 DATE:17.02.2016

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