Heard Sri v. Brahmaiah Chowdary

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more in the nature of Mandamus, declaring the action of the 3rd respondent in issuing proceedings dated. 2910712024, wherein and whereunder the services of the petitioner as a Secretary of the PACS Paleannaram are removed without following due process of law as illegal, arbitrary and violative of principles of natural justice and also violative of G.O.Ms.No.44 dated. '1711212022 i.e., in Uniform Resource Policy and further also violative of Articles 14 and 21 of the Constitution of lndia, and consequently direct the respondents to reinstate the petitioner into service as Secretary of 3rd respbndent Society with all consequential and incidental benefits. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the impugned proceedings Dated. 2910712024 passed by the 3rd respondent pending the disposal of the above Writ Petition. Counsel for the Petitioner: SRI V.BRAHMAIAH CHOWDARY Counsel for the Respondent No.1 & 2: GP FOR SERVICES-II Counsel for the Respondent No.3: SRI K.RAM REDDY The Court made the following: ORDER I I i l I I r I I I I l l l I THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No. 21501 of 2o24 ORDER: This Writ Petition has been filed by the petitioner challenging the termination proceedings dated 29.07.2024 issued by the f,'a respondent wherein and whereunder the petitioner's services as a Secretary of the PACS, Paleannaram were removed without following due process of law and consequently direct the respondents to reinstate the petitioner into service as Secretar5r with all consequential and incidental benefits.

2. Heard Sri V. Brahmaiah Chowdary, learned counsel for the petitioner, the learned Government Pleader for Services-Il for respondents No.1 and 2, and Sri K. Ram Reddy, learned counsel for respondent No.3

3. Learned counsel for the petitioner submits that the petitioner was appointed as a clerk in the 3'd respondent's Society on

07.03.1998, ald subsequently, he was promoted to Secretary. The 2"d respondent introduced the Uniform Human Resource Policy to all Primary Agricultural Cooperative Societies and issued proceedings in Rc,No.247O/2O22-C, dated 17.O3.2O23. While things stood thus, the elected members of the Societ5r, for political reasons, had raised a dispute regarding the petitioner's date of 2 birth. The same was placed before the Managing Committee of the

3.d respondent. The Managing Committee verified the genuineness of the certificate produced by him and passed a resolution accepting the genuineness of the SSC the Certificate and Date of Birth, vide minutes dated 28. 12.2023. 3(i) Learned counsel for the petitioner further submits that the members who are not satished with the same have raised one or the other disputes. However, the 3.d respondent, without adhering to the principles of natural justice and also contrary to the Rules enumerated in G.O.Ms.No.44 dated 17.12.2022 i.e., in Uniform Resource Policy, had issued the impugned proceedings dated

29.O7.2024 and terminated petitioner's services without conducting the alleged mistake of date of birth a-lso. The 3.d respondent on the subject of the impugned proceedings, has stated that proceedings are initiated for suspension. However, in the operative portion it was stated that the services were removed. The 3.d respondent relerred to the resolution dated 29 .O7 .2024 and referred to the alleged erroneous date of birth, misappropriation of funds, and other alleged misconduct. The proceedings dated 29.07.2024 is punitive and not followed by any semblance of the procedure. 3(ii) Learned counsel for the petitioner further subrnits that the 3.d respondent is governed by G.O.Ms.No.44 dated 17.12.2022, i I I ffi' '' 1n )/ .: ,. 3 and as per the same, the 3'd respondent has no jurisdiction to impose the punishment of removal from service, vide Rule-8 Clause- 2 of the said G.O. and hence the Order is without jurisdiction. As per table No.4 of the said G.O., under the heading Cadre wise type of punishments for misconduct, the type of punishment mentioned is removal / dismissal / compulsory retirement, and the Disciplinary authority is Managing Cornmittee in consultation with DLEC and the Appellate Authority is SLEC. As such, the 3'd \ respondent has no jurisdiction to punish removal from service. Accordingly, prayed to allow the Writ Petition.

4. Learned counsel for the respondents filed counter stating that the writ petition is liable to be dismissed on the simple and single ground that the Writ Petitioner failed to avail the Statutory Appeal as provided under direction 8(2) of Table No.4 cadre wise type of punishments for misconduct issued under G.O.Ms.No.44, dated L7.t2.2022.

5. In view of the submissions made by the learned counsel for respective parties, this Court, without going into the merits of the case, directing the petitioner to avail of alternative remedy, i.e- to Iile an appeal before the.Appellate Authority, i.e. State Level Empowered Committee, within a period of eight weeks from the date of receipt of a copy of this Order. On such appeal being made by the petitioner, 4 ''{arrv,i'.., Y^ the Appellate Authority, i.e. State Level Empowered Committee, is directed to consider the same and pass appropriate orders 1n accordance with law within a period of six weeks therefrom.

6. With the above direction, the Writ petition is disposed of. There shall be no order as to costs Miscellaneous applications, if aly pending, shall a-lso stand closed //TRUE COPY// SD/-MOHD. ISMAIL EPUTY R SECTION OFFICER o Department, Secretariat The Prl. Secretary, Agriculture and Co-operati Buildlngs, Hyderab-ad, State of Telangana' The District Co-operative Officer, Suryapet District at Suryapet' The President, Primary Agriculture Co-operative Limited' Paleannaram' Chilukuru, SuryaPet District. One CC to SRI V.BRAHMAIAH CHOWDARY, Advocate IOPUC] One CC to SRI K.RAM REDDY, Advocate [OPUC] TwoCCstoGPFoRSERVICES-||,HighCourtfortheStateofTelanganaat Hyderabad [OUT] Two CD CoPies To, 1 2 J 4 5 6 W 7 BSR BS HIGH COURT DATED:1810612025 ORDER WP.No.21501 of 2024 1HE SrAf€ ( q D 2t JUN 2ffi * .Dg S r,ATC uEo DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 1 I