Smt. P. Sailaja, W/O Lakshman Sudhakar, v. The A.P.S.W.R.E.I.Society
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.6286 of 2016 ORDER:
The petitioner claims to have been appointed as a Trained Graduate Teacher (Maths) in the first respondent society on 07.07.2011 and she was subsequently promoted as Post Graduate Teacher (Maths). In view of the vacancy of the post of Principal, the petitioner was appointed as In-charge Principal on 16.09.2014 and she has been discharging her duties as such. While so, she was kept under suspension. It appears that the Police found four bags of rice in a house of Yadava Village of Cheedikada Mandal on 04.01.2016 and noticed that one woman by name Molli Adilaxmi was selling the Government CS rice without any licence. On enquiry, she seems to have stated that she purchased the four bags of rice from one Kanaka Rao, who was working as electrical operator in the school.
Basing on the report of the Station House Officer, Cheedikada, the Tahsildar, Chodavaram, along with his staff visited the school, verified the stock and found 320 kgs excess stock of rice in the school. Thereafter, the Civil Supplies authorities registered a case against three persons including two employees of the school.
The Tahsilar, Chodavaram, submitted a report to the Collector on 06.01.2016. After receipt of the report, the first respondent issued the impugned order on 22.01.2016 placing the petitioner under suspension.
Challenging the same, the present Writ Petition is filed.
A counter affidavit is filed stating that the petitioner was appointed as the Trained Graduate Teacher in Maths on 16.09.1995 on regular basis.
She was working in APSWR School for Girls, Konam, Visakhapatnam District from 20.06.2011. Thereafter, she was promoted as Post Graduate
Teacher in Maths on 03.08.2011 and she was kept as In-charge Principal vide proceedings dated 16.09.2014 keeping in view her seniority in female category of the said school. The Sub Inspector of Police, Cheedikada Mandal, addressed a letter on 05.01.2016 to the Tahsildar, Cheedikada Mandal, stating that on 04.01.2016, on receipt of credible information, when he along with the Assistant Sub Inspector, staff and mediators visited the Konam Village and rushed to Yadav street, Cheedikada Mandal, they saw four bags of rice with one woman and ascertained her identity. She was found selling rice illegally without any licence and she replied that she purchased four bags of rice from Kanaka Rao, who was working as electrical operator in the school.
On verification it was found that the accused was found in possession of four bags of rice each of 50 kgs and on the rice bags it was clearly stated that the food grains relate to Government of India, Central Pool. The mediators' report was drafted and a report was submitted to the Tahsildar for conducting an enquiry. The Tahsildar, who verified the stock, noticed that the said M.Adilaxmi has been selling the Government rice since long period and Smt.G.Sreelakshmi, who was Warden cum Caretaker, was not maintaining the records properly. The report revealed that there was serious lapse on the part of the In-charge Principal in discharging her duties as In-charge Principal. It was noticed that on 18.01.2016 the In-charge Principal, Office Superintendent, JACT (out-sourcing), Record Assistant and other non-teaching staff were found absent.
Their absence was unauthorized.
In view of the said allegations, the petitioner was placed under suspension by proceedings dated 22.01.2016.
Learned Counsel for the petitioner submits that even after four months, no charge sheet was issued and the petitioner is being continued under suspension without initiating any proceedings.
In view of the allegations found, this Court is not inclined to interfere with the impugned proceedings, but in view of the inaction of the respondents in taking prompt steps in conducting the enquiry proceedings, this Court is inclined to dispose of the Writ Petition with a direction to the respondents to take necessary steps for completion of the enquiry as expeditiously as possible, but not later than three months from the date of receipt of a copy of this order. The Writ Petition is, accordingly, disposed of. The order of suspension of the petitioner shall abide by the result of the enquiry proceedings. The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs.
________________________________ (A.RAMALINGESWARA RAO, J) 01.06.2016 vs