Phaniharam Narasimha Murthy v. State Of Andhra Pradesh

Date : 10.8.2018 Between:

Phaniharam Narasimha Murthy S/o Venkata Ramana Charyulu 50 years Pradhana Archaka, Sri Satyanarayana Swamy Temple Visakapatnam Petitioner And State of A P Rep by its Principal Secretary, Revenue (Endowments) Department Secretariat, Guntur and others Respondents The Court made the following:

ORAL ORDER:

Heard learned counsel for petitioner and learned Government Pleader for respondents 1 and 2 and Smt K Lalitha learned standing counsel for respondent No.3.

2.

Petitioner is working as Pradhana Archaka in the respondent temple. By the order impugned, he was placed under suspension on the allegation of abusing the Superintendent, indulging in physically assaulting him etc. 3.

Learned counsel for petitioner sought to contend that as per proviso to Section 37 (1) A.P. Charitable and Hindu Institutions and Endowments Act, 1987 (for short the Act, 1987), the Executive Officer is only competent to impose the punishment and is not competent to place the petitioner under suspension. 4.

On reading of Section 37 of the Act, 1987, it is seen that sub section (1) deals with competence of Trustee to place an employee under suspension; sub section (2) deals with competence of Officers to take disciplinary action against the servants of the institution. Executive Officer, being a disciplinary authority, is therefore competent to place the employee under suspension. Thus, contention of learned counsel for petitioner by placing reliance on proviso to Section 37 (1) of the Act, 1987 that Executive Officer is not competent, is not valid.

5.

Against the order of suspension, employee has remedy of appeal provided under Section 37 (3) (b) of the Act, 1987 and without availing the said remedy, this writ petition is filed and on this ground, Court is not inclined to entertain the writ petition. Accordingly, writ petition is dismissed, leaving it open to the petitioner to avail the remedy of appeal provided under the law. No costs. Miscellaneous petitions, if any pending, are closed. __________________ P NAVEEN RAO,J DATE:10 -08-2018 TVK

Date : 10.8.2018