K. Madhava Swamy v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.39652 of 2018 ORDER:

Heard Sri M.Damodar Reddy, learned counsel for the petitioner and learned Government Pleader for Services-II. With the consent of learned counsel for the respective parties, this Writ Petition is disposed of at the admission stage.

This writ petition is filed seeking the following relief :- ".........Writ of Mandamus declaring the action of the 2nd and 3rd respondents in not permitting the petitioner to discharge his duties as Community Coordinator at Veepanagandla Village and Mandal, Wanaparthy District and withholding the payment of his salary merely because of the issuance of the show cause notices by the 2nd respondent in file No.HR/11/2017 and submission of the explanations by the petitioner, as illegal, unlawful, contrary to law and consequently direct the 2nd respondent to conduct enquiry into the explanation submitted by the petitioner and pass final order thereon and till such a time, the petitioner shall be permitted to discharge his duties as community Coordinator, and pass such other or orders..................."

It has been contended by the petitioner that he was appointed as Community Coordinator at Veepanagandla Village and Mandal, Wanaparthy District during 2013 and has been discharging his duties to the best satisfaction of his superiors and everyone concerned. The grievance of the petitioner is that the respondents have issued a show cause notice dt.02.03.2017 alleging certain irregularities.

Pursuant to the said show cause notice, though petitioner had submitted explanation, the respondents are neither passing further orders on the said explanation nor permitting the petitioner to discharge his duties. Therefore, learned counsel for the petitioner contends that appropriate orders be passed in this writ petition directing the respondents to conclude the disciplinary proceedings initiated against the petitioner pursuant to the show cause notice dt.02.03.2017 within a reasonable period of time, enabling the petitioner to discharge his duties as Community Coordinator.

Learned Government Pleader appearing for the respondents had contended that the respondents would pass appropriate orders in accordance with law, pursuant to the show cause notice issued on 02.03.2017 against the petitioner, within a reasonable period of time. This Court, having considered the rival submissions of the learned counsel appearing for the respective parties, is of the considered view that this writ petition can be disposed of directing the respondents to conclude the disciplinary proceedings initiated against the petitioner in pursuant to the show cause notice dt.02.03.2017 by duly taking into account the explanation submitted by the petitioner and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

With the above observations, this writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed.

________________________________ ABHINAND KUMAR SHAVILI, J Date: 28-11-2019 dv