Smt. P M Prasanna Lalha v. rinieimediate Educatiori) D6partment Secietariat

4. Sri. I\/ Lakshma Reddv, S/o M.Rami Reddy, Aged about 58, D-eputy D-irector' O/; C"*t"dsioner ot intermediate Education, Vidya Bhavan, Nampally' Hyderabad - 500001 (R 4 is impleaded as per C.O dt 19/09/2022 in lA 312022) ...RES'ONDENTS Petition under Article 226 of the 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 or order or direction more particularly one in the nature of writ of certiorari declaring the action of Respondent no 2 in suspending the petitioner vide proceedings RC'No'S er-l-1lSpll2O22 dated oslo8t2o22 as illegal, arbitrary, highhanded conceived with an evil intention to ouster the petitioner from employment for benefiting others apart from being violative of article 14 and 21 and to selaside the orders of Respondent no 2 vide proceedings in RC.No. Ser-l-1/Spl/2022 dated o8to8t2o22 in suspending the c-'? l' r! petitioner with an instruction not to review the appointment of the petitioner henceforth. lA NO: 1 OF 2022 Petition under Sectron 151 CPC praying that in the circumstances stated in the affidavit filed irr support of the petition, the High Court may be pleased to suspend the proceedings vide RC.No. Ser-l-1/Spl/2022 dated 08.08.2022 issued by the 2nd respondent herein, pending disposal of the above writ petition. lA NO: 5 OF 2022 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 permit the petitioner to file additional material papers that are essential in this writ petition. t lA NO: 6 OF 2022 Petition unde. Section 151 CPC praying that in the circumstances stated in the affidavit filed in s;upport of the petition, the High Court may be pleased to direct the 2nd respondent to provide safe and secure work environment to the writ petitioner free from threats, humiliations and outrageous behaviour in whatsoever ways that would deprive petitioner dignity and right to life. 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 receive the additional material paper on record as part and parcel of material papers in W.P.No.34516 of 2022. lA NO: 4 OF 2022 Between: PT! I yfrrs.anna Latla, D/o. Late P._ Peter, Aged about 47 years, Occ. Assistant- Director, O/o Commissioner of lntermediate Education fS,'ViOya Bhavan, Namprally, Hyderabad - 500001. ...PETITION ER/PETITIONER Hvderabad - 500001 AND 1 . State of Telangana, Rep. by Prl secretary to Govemmen!' Higher Education ' ii ri"irld iii" Eoucitio,i I o6partment sec-retariat, H-vdera bad , tiffi #;iJ;;;iii1;t'J;i;'idff til',, nio rrvJ a ria'an' Namparu' 3. ijfiIli,i,:i,oriJ'i-n"aoy, (under suspension).S/o pAnanth Reddy' Lecturer in " ;#;;i"r, c"ut. Lr. c',jrr,ig;-,3;;J;;s,',. Asg' q5 ygglsr Fi/o Flat'No 302' +. iiil'rr/lll'rid[ri Cuoiiv, Sto rrrrnimi"neo<iy, nqg{ about 58, D.eputy Director' - 6i; c"r;iilion"i of int"imeiiaie eo'cat-i'in, Vidva Bhavan' Nampallv' o s'iit orJiiJ6;r (Rtd clE) s/o. sri Sved.Ameen Pasha' Aoed lb^o^qt 9o " ;;;;i=fi/;' ii:N; 2;i" Xi:i asn;tn -oto nv,'rol ichowki' Hvd erabad - 500008' ...PROPOSED RESPONDENT 5 RESPONDENTS/RESPONDENTS 1 TO 4 W;ii;;;i Xp;ttments, rrloo"sdrambastr, Flvderabad -500036 Hvderabad - 500001 "i PetitionunderSectionl5lcPcprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, the High court may be pleased to implead the proposed respondent no 5 in the above writ petition as respondent No.5 and as well as l.A a" IA NO: 10F 2023 Between:

1. P.Madhusudhan Reddy, S/o Ananth Re-d-dy' Age' 55 vears' Occ President' ' J,;f i;;i;;;; A";;iat#: i;i;il;il siate, i;ii1'6/1", FGIN". abz' tvdh"i'inE'i'lnt'' M-oosarambaslrbll;1"51P,,11"r, 2. $.'il l;k;i ii, n"ool' eo M.Ranii Reddv, Ased at ' 6); t"r;ii..n"i ot i"t"i.eliaie iaucat'l6n,Vidva Bhavan' Nampally' "tr.voerduao, Fr/o 1 6-1 1 - Hyderabad-500001 '..PET.rI.NERS/RESP.NDENT'3&4 AND 1 Smt. P M Prasanna Latha, D/o Late P. Peter' Aged about 47 Ye-ars'- Occ' X$j;ir"i'Dd;;t"i, bl" Corn.i..ionL1 ot tntermed'iate Education TS, Vidya ij[rrin, Nirpally, Hvderabad-500001' ...RESpoNDENT/pETtTtoNER 2 State of Telangana, Rep. by Prl' Secrelary to Govemment' Higher Education ' ii"i""""id iii" EJ Jcatiori ) o6pa rtment Secretariat' Hvderabad 3. E;;;[;i;;;;;ifi t#'"dil[" Eo"ition' Vidhva Bhavan' Namparri' Hyderabad - 500001 ...RESpoNDENTS/RESpoNDENTS 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 vacate the interim orders dated 19/09/2022 WP No' 3451612022' a-:: .\. ,': lA NO: 2 OF 2024 Between: '1. State of Telarrgana, Rep. by Pd. Secretary to Government, Higher Education 2. Commissioner of lntermediate Education, Vidhya Bhavan, Nampalli, (intermediate Education) Department Secretariat, Hyderabad Hyderabad - tt00001 ...PETITIONERS/RESPONDENTS 1 & 2 AND 1 2 J Smt. P M Prasanna Latha, D/o. Late P. Peter, Aged about 47 years, Occ. Assistant Direrctor, O/o Commissioner of lntermediate Education' tS, ViOya Bhavan' Namoally' Hyderabad-500001 ...RESpoNDENTS/pETraoNERS P.Madhusudhan Reddy, Sio Ananth Reddy, Age. 55 years, Occ. president, Junior Lecturerr Association, Telangana State, Hyderdbad, R/o 16-,| .1 - 74111611 , Flat.No. 302, Vyshnavi Apartments, IVloosarambagh, Hyderabad (R_3_is implea,Jed as per C.O dI12l09l2O22inlA2t2O22in wp.No.34S16 of 2022) Sri. M Lakshrra Reddy, S/o M.Rami Reddy, Aged about 58, Deputy Director, O/o Commissioner of lntermediate Education, Vidya Bhavan, Nam[ally, Hyderabad - 500001 (R-4-is impleaded as per C.O dt 1910912022 in lA3l2O22 in Wp.No.34516 of 2022) ...RESPONDENTS/RESPONDENTS 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 vacate the lnterim orders and status-quo orders dt.19-09-2022 passed in LA.No.1 of 2022 in WP.No.3451 6 of 2022. Counsel for the Petitioner: SRI K.BABU RAJENDRA PRASAD Counsel forthe Respondent Nos.1 & 2: GP FOR SERVICES I Counsel for the Respondent Nos.3 & 4: SRI SRINIVASA RAO, MADIRAJU The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA T(ARTHIK WRIT PETITION No. 34 516 of2022 ORDER: This Writ Petition, under Article 226 of t]ne Constitution of India' is filed seeking the following reiiet n,..to tssue aft appropriate Wil or order or direction more paniculartg one in the "i''"ti o7 *at olcertiotll declaring the action of 'n"tir"iiit n'o 2 in titpeiai"g -in" !::i:ioner uide proceedings -oa oe'zozz o-s iltegat' arbitrary' iC.io:ser't/ 1/ Spl/ 2022 iated n gnina"a conceiued with an euiL intention to ouster the petitioner lrom emplogment Jo'-biiefiting oth-"rs opotl flon aetng violatiue.of 'ri,tai tZ oia s t Lraii "it aJide the orders of Respondent no 2 uide iirr.""ii"g" in nc uo:ierJ 1/ spl/2022 dated 08'08'2022 in iipenaiig the petitioner witi qn instruction not to reuieu the iiioi"t^""t of tnZ petitioter henceforth or orders "" ,)

2.HeardSriK.BabuRajendraPrasad,learnedCounselappearingfor the petitioner; learned Government Pleader for Services-I on behalf of Srinivasa Rao Madiraju, Iearned respondent Nos.1 and 2, and Sri counsel for respondent Nos'3 and 4' Learned counsel lbr the petitioner submitted that whiie the 3. petitioner was working as Assistant Director in the office of respondent No.2, al anonymous complaint was hled against her' alleging that the petitioner's mother was already employed al arr Aided School at the time wrongfullY of her initial appointment and that the petitioner appointed as Junior Assistant on compassionate grounds Based on -r I 2 PK, J W.P.tvo.345 )6 of 2022 this alonymous complaint, an enquiry was conducted hastily, rvithout the petitioner's; knou.ledge, and later, she was erroneously placed under suspension vicle proceedings dated Og.Og.2O22. However, :lccording to the Ofhce Memorandum of the Ministry of personnel, publir: Grievances and Pensions I)epartment, Government of India, dated 0g.10.201g, and a circular issued by the centrar Vigiiance commission to the aforesaid Memo, dated 24.O9.2O2O, no action should be taken on an anonymous or pseudonymcus complaint, regardless of the alregations mi,rde therein. Therefore, thr: very action of the respondents in placing the petitioner under suspenston is illega-l, arbitrary, violative of principles of natural justice and also Articles 74 and 2l of the Constitution of India.

4. It is further submitted that respondent No.l, vide Merno.No.93g/ IE/Al /2O22-l dated Og.O8.2 O22, nad .placed the suspension order dated 08.08.201)2 in abeyance on administrative grounds until further orders. While so, the petitioner has made her represer_Ltation s to respondent Nos. 1 and 2 on ll.Og.2O22, requesting to review and revoke the impugned suspension order dated Og.Oa.2O22. However. no action has been taken thereon. Subsequently, this Court granted an interim order dated 7tt.Og.2022, directing the respondents to maintain slarus quo in respective of the services of the petitioner. Hou.ever, desptte the same, the respondents are proceeding further without any autltoritv and 'l- 3 PK, J W.P.N,.34516 of 2022 in utter violation of the interim order of this court. Therefore, learned counsel for the petitioner prayed this Court to pass necessary orders in the present writ petition.

5. On the other hand, learned Government Pleader for Services-I submitted the petitioner was appointed as Junior Assistart on compassionate grounds in the Directorate, with a relaxation of educational qualifications, as the minimum qualification for the post of Junior Assistant in Directorate is a Bachelors Degree as per the proviso laid down in- G.O.Ms.No.612 dated 30.10.1991' However, the petitioner was given reasonable time to acquire prescribed higher qua-lification as per the Service Rules for holding the post of Junior Assistant in the office of Director of Intermediate Education, Hyderabad' While so, the respondents received a complaint, dated 31 'O 1 2022, wherein, it was alleged that the petitioner had secured employment by committing fraud on the Government arld the Department. Pursuant to the same, the matter was referred to the Director of School Education vide proceedings dated 31.O3.2O22, for verifying and reporting the facts. In response, the Director of School Education, in his letter dated 23.06'2022, reported that an enquiry was conducted by the Regional Joint Director, and based on the said enquiry report, respondent No.2 has issued the present impugned order dated O8.0A.2022, placing the petitioner under I ,r. 4 PK, J W P.,',1o.34.516 of 2022 suspenslon. r\s such, there is no illegality in the action oI respondent No.2 in placing the petitioner under suspension. It is further submitted that in compli;1nce of the interim order of this Court dated 19.O9.2022, the petitioner has been allowed continued in service ald respondent No.2 has also issued proceedings dated 29.10.2022, treatingthe period from 09.O8.20!12 as on-duty.

6. Learned counsel for respondent Nos.3 and 4 submitted that the petitioner is the daughter of one late peter and Smt. Soughagramma, who secured alpointment on compassionate grounds, suppressing the facts of her r:other was already employed as S.G.B.T. A.ssistant in Modern Primar,, School (Aided), Jamisthalpur, Hyderabad. Therefore, basing on a conrplaint against the petitioner, the Regional JoLnt Director of School Education conducted an enquiry and submitted rhe enquiry report dated 2:\.06.2022, wherein, it was proved that the petitioner,s mother was already employed as on the date of the petitioner,s application fo| r;ompassionate appointment. In pursuaace rrf the said enquiry report., respondent No.2, being the competent authority, has rightly placed the petitioner under suspension vide proceed ings dated Oa.O8.2022. il rs further submitted that the petitioner alleged that her suspension was manufactured by ald in connivance of respondent No.2 with respondent Nos.3 and 4, and in the affidavit hled in support of the 5 PI<, J W.P.No.34516 of 2O22 writ petition, the petitioner made multiple references towards respondent Nos.3 and 4 several times directly in paragraphs lI, 12 atd 13 to 25. It is further submitted that the Government, vide Memo dated 7 . O8.Oa.2O22, has already kept the suspension order in abeyance' Subsequently, this Court was pleased to pass interim orders dated 19 .Og .2022, granting stahts Eto in respect of the services of the petitioner. It is further submitted that the petitioner had earlier submitted a representation to respondent No'2 on 77 'Oa'2O22 ' requesting to revoke her suspension and to reinstate her into service' and on consideration of the said representation, respondent No'2 has submitted al elaborate report lo the Government on 27 '12'2022' Further, respondent No.2 has addressed a ietter to the Government' requesting to review the orders issued in the Memo dated 08 'O8 '2022 and to issue necessary orders, so as to proceed with further disciplinary/criminal proceedings against the petitioner' It is further submitted that subsequent to the order passed by the Government and pursuant to the interim order of this Court, the petitioner is being Continuedinserviceandsheistookinga.fterthesectionwhereherlrleis pending, as such, there is every possibiiity of tampering with the record' Hence, the petitioner is not entitled to continue in service Therefore' it 6 PK, J W.P.Lo 34516 of 2022 is prayed to vacate the interim order dated lg.Og.2o22 an<l to dismiss the present u-rit petition

8. Having rr:gard to the submissions made by rearned counsel for the respective parties and on perusal of record, this Court is of the view that primary issue in the present writ petition pertains to tht: impugned suspension orcler dated Og.Og.2O22 issued by respondent No.2. The petitioner prim;erily contended that respondent No.2 has ha stily issued the impugned suspension order dated oa.oa.2o22, bas;ed on an anonymous conrplaint, which is impermissible under law. However, it is evident from tht-. record that the Government has already placed the said suspension order in abeyance vide Memo.No.93g/lF,/Al 12022_1 dated O8.O8.2O22. Hreving duly considered the said facts, this Court pas5sal the interim or,lt:r dated lg .Og.2O22, directing the maintain slc-tu.; quo in respect of the services of the petitioner. consequently, the petitioner is being continued in service u.ithout any interruption, and the Government has also issued procr:edings in Rc. No.Ser.I- 1/ Syl /2022 dated 29.1O.2022, treatingthe petitir;ner as on_ duty from 09.Ot..2O22. This clearly demonstrates that the petitioner,s suspension ordcr was not only temporarily lifted but also that her services remained uninterrupted. respondents to :'--!t'_=:v= 7 PK, J W.P.No.34516 of 2022 In light of the above, since the primary grievance of the petitioner 9. i.e., her suspension, has already been redressed with the said suspension order being heid in abeyance by the Government and also her reinstatement, this court is of the considered view that no further adjudication is required in this regard. However, regarding the other contentions urged in the present writ peiltion and the counter submissions made by the respondents, this Court is not inclined to express any opinion on the said facts of the case, as the main grievance of the petitioner is already resolved.

10. Accordingly, the Writ Petition is disposed of However, this order does not preclude the authorities from proceeding with the departmental proceedings against the petitioner, if any, strictly in accordance with law. Miscellaneous applications, if arly, pending in this writ petition, shall stand closed. No costs. //TRUE COPY// SD/. A,SRINIVASA REDDY S ANT REGISTRAR ECTION OFFICE R Education) to ,. ,n. Secretary to Govemment' Higher Education '(intermediate ;Hffi #s[lH3l",:ilftl*';,gP;11"?:i:'i'll;rBffi ffi "'Namparri' :HIlgf"J."Ei[Bb"'mssm."m'"t?']Llr3"?[o5"'?"nn'nu'" . 311"6'3?l"h?'.8,*''oto RAo MADTRAJU' Advocate toPucl 6. Two CD CoPies psK.R_ HIGH COURT DATED:071A312025 ORDER WP.No.34516 of 2022 {.,- ,3 I CC TODAY nE SIe ,.c 1 t U 4 t d touAnzffi t- {_ a A f oi" k .C, DISPOSING OF THE WRIT PETITION WITHOUT COSTS qogt"A ?!\Bll5