The High Court · 2025

Counsel for the Petitioner : SRI DR. KADIRI KRISHNAIAH Counsel for the Respondents No.1,2,4&5 : AGP FOR SOCIAL WELFARE Counsel for the Respondents No.3 : AGP FOR HOME Counsel for the Respondents No.6 : -- counsel for the Respondents No.7 , 33,r"Jf,A|$rUf{lJSr;AlN, The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.28994 OF 2o23 ORDER: Heard Dr. Kadiri Krishnaiahan, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Socia! Welfare, appearing on behalf of the respondent No.1,2,4r5 and 6, learned Assistant Government Pleader for Home appearing on behalf of the respondent No.3 and Sri Bhanothu Hussain, tearned Standing Counsel appearing on behalf of the respondent No.7. t As oer heo rders of th sCourt dated 11-O8 .2 25 vid e 2 I.A.No. L ol 2024 in W.P.No.289 94 t 2023. the oraver ls o ame ded as follows: "...to issue appropriate writ or order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of respondents is issuing the termination proceedings vide C. No.162lC1- CCRB/KMM/2023 dated 19-09-2023 issued by the respondent No.3 by terminating the petitioner from her services basing on mere registering the FIR No.t2l/2023, dated 10-09-2023 on the file of police station, Kalluru, Khammam District as illegal and unjust ) wp zncc+ lfzl and against the principles of natural justice and consequently direct the respondents to re.appoint the petitioner in her post by setting aside the termination proceedings of the outsourcing agency, in the interest of justice and to pass......"

3. The case of the oetitioner in brierf as per the averments made in the affidavit filed bv th e petitioner in su D ort of the ores ent writ Detition is a s unrler: The petitroner was appointed as Reco -c Assistant in APSWRS/1.C.(G) Kalluru, Khammam District,'t'elangana State dated 14.09 2012. When the petitioner was worl. ing in the office of TSWREIS, Khammam District a case in Crime rlo.121 of 2023, dated 10.09.2023 on the file of police Station, Kharnmam District had been registered against the petitioner ba:;ing on a false complaint. The respondent No.3 with mala f/de ntention issued the termination proceedings vide C.No.162lC1-CCRB/KMM12OZ3 dated 19.09.2023 against the petitioner herein. A3qrieved by the same, the petitioner had filed the present writ pet tion.

4. PERUSED TH E RECO RD: -, (-, 3 SN, J wP 28994 2021 (A) loner I u the Conven er / Princi oal for District Social Wel fare R sid d Pri In w K c Kal d t4.o9.20L2a extracted here der: DISTRICT SOCIAL WELFA RE RESIDENTIAL EDUC ATIONAL I NSTITUTI ONS SOCIETY KHA MMAM. Rc.No. Al/Con/38/2012 From Smt. Ch. Aruna Kumari, Convener/PrinciPal DRBRACSWR Jr college(G) Khammam Dlstrict. Sir, Dt:14-09-2012 To The Principal, APSWRS/JC(G) Kallur. Sub: DSWREIS-Khammam-Filling up of the Record Assts through Out-sourcing Smt. D.Jyohti -Regarding ' Ref: Note orders of the loint Collector Khammam DV 23-7-2012 iinvitekindattentiontothereferencecited,whereinthe]oint Collector Khammam has permitted the Principal to engage the services ;aa;a. D.lyothi D/o Bhaskar Rao, Pakabanda Bazar Khammam in the vacant post of Rec. Asst. Further the Principal is directed to pay the remuneration to the individualfromthedateofherjoiningthedutyUntilfinalizationofthe Ortsor.cing agency. After finalization of the Out-sourcing agency the ipi, rsr -,id oihu.'"roluments to be paid to the agency only' Yours faithfullY, Convener/PrinciPa I DSWREIS Khammam. 4 SN. J wP 2899{ 2021 (B) The imouoned oroceedinos vide 9.No. L62/Cl/ CCRB,/KMM /2023. dated 19.09.2 023 isrsu Resoond ent No.3 Commissioner of Poli,:e. Kh mmam addressed to the District Collector, Khamm am. GOVERNMENT OF TELANGANA POLICE DEPP RTMENT From Vish n u S Warrier IPS Commissioner ol Police Khammam. To The District rlollector Khammam. C No. |62/C7/CCRB/KMM/2023, dt 19.01).2023 Sub: Police Department - Khammam Commis: ionerate Request to take necessary action against Smt Dharavath Jyothi W/o. Saidanaik who is working as data entry operetor at TSWRS/JC (Girls), Kusumanchi situated at SBIT College M;rcdulapalli Village of Khammam Rural lvlandal for her involvement in criminal case - submission of - regarding. Ref: Case in Cr No. t2l/2o23 U.sec 384 r/w 34 ipC of pS Kalluru. With reference to the above subject cited it is r.o inform that Sri Puchakayala Venkata Sathyanarayana Reddy R/o. K,appalabandham Village of Kalluru lulandal submitted a complaint to the SHO Kalluru stating that Smt. Dharavath jyothi W/o. Saidanaik v,,ho is working as Data Entry Operator at TSWRS/IC (Girls) Kusumancht situated at Sglt College, Ivladdulapalli Village of Khammam Rural Vandal and her husband Dharavath Saida Naik demanded him to pay Fls.250000/- to be compromised rn SC/ST cases filed by them against l- im and also he had to withdraw the cheque bounces cases which vrere filed by him against them. In this regard there is a mutual oral agreement between them. But said Dharavath jyothi and her hrsband iaidanaik changed their words, extorted Rs. 25000/- from him t,y threatening as they would file more SC/ST cases against him at Delhi level and ilso demanded for an additional amounl of Rs. 2,25.0f r0/-compared io previous ora I agreement. 5 SN, J wP 2E994 2023 Basing on the petition of the complaint Sri Puchakayala Venkata Satfryanaray-an Reddy R/o. Kappalabandham Villag-e of Kalluru Mandal u fui" *u.'registered in Crime No 12112023 U/Sec 384 rlw 34 IPC .q"i"it Smt Diaravath lyothi W/o Saidanaik who is working as Data E-n,rV- Op"ru,or at TSWRC/IC (Girls) Kusumgnghi, situated at SBIT fv"ilrf"p"f fi and ner husband dharavath Saida Naik at Kalluru police station on 10.09.2023. This case is under investigation' Therefore it is req uested to take necessary action against Smt Data Entry BIT College olvement in Dharavath Jyothi W/o. Saidanaik who is working as Ooeruto. at iSwRS / lC (Girls) Kusumanchi situated at S r'l'alOufapaf f i Village of Khammam Rural Mandal for her inv the above criminal case. Yours Fa ithfu llY Commissioner of Police Khammam (C) The conseouential oroceedinqs dated O4'1O'2O23 o o h TSwRS/ c(G) Kusu manchi Kha mma m Distri ct. From SSV Creations, Out Sourcing Agency, Khammam. Respected Madam, To The PrinciPal, TSWRS/JC(G) Kusmanchi Khammam District. Sub: SSV Creations Termination of Services of Smt'D'Jyothi- D.E.O Data Entry operator)-TSWRS/ICG) Kusmanchi' Khammam District under out sourcing-Reg ' Ref: First Information Report (FIR)I of the Police station Kallur- t2t/ 2023, Dated: 10.09.2023 \ f ,; I 6 SN, J \\/1, 28994 2023 Advertising to the subject and referer c,: cited above Smt.D.Jyothr W/o Saidanaik DEO (Data Entry Operator) working at TSWRS/ JC(G) Kusmanchi, Khammam District t rat a FIR (First Information Report) have being registered upon thc tnd vidual, Vide considering the FIR No.t2t/2023 Dated: 10.09.2023 registered at Police station of Kallur, Khammam District, Telanga,r;. The Individual is hereby terminated from the services of outsourc nq SSV Creations who working in TSWRS/ JC(G) Kusmanchi, Khamman, District located at SBIT College, Maddulapalli Village of Khammarr Rural Mandal. Khammam District. Therefore, it is requested Smt. D.lyothi-DEO TSWRS/.IC(G) submitting for your information. to take necessary action against Kusmanchi, Kha m 'n,: m District and Yo;rs farthfully, S 17 -xxx SS'/ Creations, Outso: rr:rng agency. Encl: Xerox Copy of FIR To The Regional Coordinator, TSWREIS, Khammam Distr cl The District Collector & [4agistrate, Khammam For Information. (D) Counter affidavit filed on br alf e ondentN o.3 in t)arti a ar Da raN os- 3 ,4 and 5 are J resD extracted hereunder: "3. It is respectfully submitted that as per- tlre records, the factual aspects are that one Mr.VenkataSatya.l.lrayana Reddy Puchakayala, son of Pratap Reddy, resident of (harnmam has approached the police of Kalloor police Statior and lodged a complaint with it on 10.09.2023 against Smt. t)haravath lyothi (Petitioner herein) and her husband Mr.Dharavatl :;aida Naik.

4. Basing on the contents of the above corrplaint, a case in C(.N:.12L/2O23 U/Secs. 384 r/w 34 IpC dated 11.09.2023 was registered on the file of Kalloor police Station. t(irammam Rural District and taken up the investigation into the case. The petitioner herein and her husband are shown as /\l and A2 in the FIR, \ \ l SN. J wP 28994 2023 It is humbly submitted that the writ petitioner made this 5. iesponaent party tirough he is not proper and necessary for the adjudication of the'lis'in the present writ petition Therefore, the Hon'ble Court may be pleased to dismiss the writ petition insofar as this respondent is concerned." DISCUS SION A D CONCLU SION: The learned counsel appearing on behalf of the petitioner 5. submits that the petitioner had been appointed as Record Assistant in APSWRS/l.C(G), Kalluru, Khammam District' Telangana State, vide R.C.No.A1lCon/3812O12, dated L4.Og.2Ol2 (referred to and extracted above), and the petitioner joined the dutY vide R.C. No.Ar/CL/38l2Ol2 duly reporting to the Principal of APSWRS/Junior College, Kollur, Khammam District, through outsourcing agency. The petitioner had been rendering services as Record Assistant In -Junior College of Social Welfare Department and the said appointment of the petitioner was taken up by the Collector, Khammam District by issuing the notification for the vacant posts in the social welfare department of Khammam District' Thereby, the petitioner had been working as Record Assistant without a single remark and discharging petitioner's duties sincerely since September 2012' It is further the specific case of the petitioner that the 6. petitioner was appointed as Junior Assistant cum Typist (IACT) in 8 SN, J \\rP 2899J 2021 APSWRS/IC Kalluru(G), vide Rc.No.VSC/09/2014, dared L4_03_ 2014 through outsourcing in Government Desartments and thereafter, the petitioner joined the said dutie; and had been rendering services from the year 2014 to 04.10.,tC23.

7. It is further the case oF the petitioner th,rt the petitioner was transferred to Kusumanchi Junior College (G) of RSWS, Khammam District on 20.05.2019. The petitr( ner received a letter dated 04.10.2023. The learned counse appearing on behalf of the petitioner submits that throuc h lerter dated 04.1O.2023 the petitioner was directed not to attend to the duties. A criminal case filed against the peti-r()ne r vide FIR No.121l2023, dated 10.09.2023 was register-r:c aqainst the petitioner at Police Station of Kalluru and the atrove said letter was issued to the petitioner by the respondent !().6 herein, as per the specific instructions issued by the Conrmissioner of Police, Khammam yide C.No.162lC1lCCRB/Kt14r2023, dated 79 .09 .2023.

8. The learned counsel appearing on behalt o, [he petitioner submits that in fact the petitioner got registered a case in FIR No. 125 of 2022 dated 20.05.2022 Under Sections :54D, 2g4(b), / 9 SN. ] wP 28994 2023 s06, s09 rlw 34 IPC, 3(1)(rXs) SC/ST (POA) Act against one Venkata Satyanarayana Reddy Putchakayala.

9. It is the specific case of the petitioner that in the said complaint the petitioner had complained on 20.05.2022 that the accused was stalking, using abusive words against the petitioner and had threatened the petitioner with dire consequences to kill the petitioner if the petitioner refuses the sexual proposal put forth by the accused thereunder i.e one Venkata Satyanarayana Reddy Putchakayala. 1O. The learned counsel appearing on behalf of the petitioner submits that as a counter blast to the FIR registered by the petitioner against the said Venkata Satyanarayana Reddy Putchakayala, the said Venkata Satyanarayana Reddy Putchakayala got registered an FIR against the petitioner on L0.09.2023 with frivolous allegations against the petitioner vide FIR No.12112023 Under Sectlons 384 rlw 34 IPC. In view of the registration of the said FIR, the Commissioner of Police, Khammam addressed a letter vide impugned letter vide C.No.162ICI-CCRB/KMM/2023, dated 19.09.2023 to the District Collector, Khammam stating that the said case is under t0 SN..I wP 2899,1 2023 investigation and further requested the Dittrict Collector, Khammam to take necessary action against the tr:ltioner herein who is working as Data Entry Operator at TS\V]IC/JC (GIRLS) Kusumanchi situated at SBIT College Maddultrpralli Village of Khammam Rural lulandal for petitioners involvenrt:nt in the said crrminal case and basing on the said letter impugned letter C.No. 162/C1-CCRB/KYltl/2023, dated 19.09.2023, tn= consequential letter dated 04.70.2023 had been issued by the ljSp Creations, Outsourcing Agency, Khammam District tc :he principal, fSWRS/]C (G), Khammam District with a rCCUest to take necessary action against the petitioner.

11. The learned counsel appearing on behalf cf the petitioner contends that mere registration of FIR No.121 c,f 2023 dated

10.09.2023 on the file of Police Station, Kaltr ru, Khammam District against the petitioner, which in fact is a cc unterblast case registered against the petitioner out of vengeancl bv the said Venkata Satyanarayana Reddy Putchakayala against whom the petitioner got registered an FIR vide FIR No.2tjl2022 dated 20.05.2022 on the file of Kalluru, police Stati,)n, Khammam District and the same cannot be the basis for te -minating the services of the petitioner, who had been working sincerely with SN, ] wP 28994 2021 the respondent Nos.2, 5 and 7 herein since the year 2OL2 onwa rds. L2. The learned counsel appearing on behalf of the petitioner submits that the Commissicner of Police, Khammam District addressed a letter to the District Collector, vide C.No.1.62/CL' CCRB/ KMM/2023, Khamrnam dated 19'09'2023 to take necessary action against the petitioner tnerely on the ground that the petitioner was tnvolved in the said criminal case which had been registered against the petitioner vlde FIR No.121 of 2023 dated 10.09.2023 on the file of Kalluru Police Station, Khammam District and therefore, the learned counsel appearing on behalf of the petitioner contended that the petitioner is entitled for the relief as prayed for, in the present writ petition.

13. The learned Assistant Government Pleader placing reliance on the averments made in the counter atfidavit filed on behalf of the respondent No.3 in paragraph Nos.3,4 and 5 (referred to and extracted above), contends that the petitioner and her husband are shown as A1 and A2 in Crime No.121 of 2023 registered against the petitioner and her husband Under Section 384 r/w 34 IPC dated 10.09.2023 on the file of Kalloor Police ! I a ( SN. J u,P 28991 2021 station, Khanrmam District and further that the rrommissioner of Police. Khammam had been unnecessarily irr pleaded in the present wnt petition and therefore, the writ petition neecls to be dismissed, since there is no illegality in the s:;uance of the impugned termination proceecJings dated 19.09. )_023 by the 3,d respondent. 74, A barr: perusal of the record clearly indicates that admittedly as borne on record vide Rc.No.A3lCon /38/2012 dated 14.09.2.012 (referred to and extracterl above), the Convener/ Principal, DRBRACSWR lr.College (G), Khantmam had appointed the petitioner as Recorcl Assistant throL gh o.rtsourcing and the petitioner had been di:;charginq the sa c duties since Septernber,2012.

15. A ba re perusal of the letter of the appointmr:rrt vicle Rc No. VSC/09/2014, dared

14.05.20t4 indicates that the petitioner had becn appointed as Junicr t\ssistant Cum Typist thr:o,.Lgh Outsourcing basis in the governnrcnt departments

16. A bare perusal of the record frtrther indir:ates that the order of appointment in faVour oF the petitioner iritially wa9 as Record Assistant on 14.09.201 2 and subsequer)Uy as Jr-i1ior l, SN, ] wP 28994 2021 Assistant Cum Typist and the same had been issued by APSWRS/lC, Kalluru(G), Khammam District, Telangana State. L7. A bare perusal oF the contents of the impugned letter dated lg.Og.2023, issued by the Commissioner of Police, Khammam District to the District Collector, Khammam clearly indicates that the commissioner of Police had requested the District collector to take necessary action against the petitioner who is working as Data Entry Operator at TSWRS/IC (Girls) Kusumanchi situated at SBIT College Maddulapalli Village of Khammam Rural Mandal for the petitoners'involvement in Crime No.l27/2023, Dated 10.09.2023 registered against the petitioner under section 384 r/w 34 IPC by the complainant one Sri Putchakayala Venkata Satya Naryana Reddy resident of Kappalabandham Village of Kalluru Mandal.

18. A bare perusal of the record also indicates that on 20.O5.2022 itself the petitioner got registered the FIR against the said Sri Putchakayala Venkata Satyanarayana Reddy Resident of Kappalabandham Village of Kalluru Mandal dated

20.O5.2022 vide FIR No.125/2022 Under section 354D,294 (b), 506, 509 r/w 34 tPC,3(1)(r) (s) SC ST POA Act, 1989. I I I ! d- t4 S\J \\'P t89et 20t l 19. A bare perusal of the complaint thereunde,r indicates that it was the casr: of the atrocities against petitionet- I €rein pertaining to stalking, using abusive words and threatr:ning with dire consequences to kill the petitioner iF the petiticner refused the sexual proposal put forth by the said accused orrr: Putchakayala Venkata Satya Narayana Reddy who is arrayed irs; accused No.1 in the said crim e

20. This Court opines that mere registration of the FIR against the petitioner cannot be a ground For issuing 3ny orders oF term ination/remova I under criminal law accused is not guilty unless proven guilty and in the present case edmittedly the record indicares that the petitioner got registered FIR against the said Sri Putc.hakayala Venkata Satyanarayana Redd1, vide FIR No. 125/2022 dated 20.05.2022 and the FIR re(ti:;tered against the petitioner is much Iater after more than a per.iod oF one year dated t0.09.2023 vide FIR No.121/2023 registered by Sri Putchakayala Venkata Satya narayanareddy against the petitioner herein 2L. This Court opines that the Commissiorrr:r of police, Khammam issuing a letter yrde C.No.16Z/CI-CC RB/KMM/2023, I 15 SN, J wP 28994 2021 dated 19.09.2023 addressed to the District Collector, Khammam acted in haste in requesting the District Collector, Khammam to take necessary action against the petitioner herein even without conducting any enquiry on the subject issue unilaterally without application of mind.

22. rn ud m tre orted in 2O13 15 SCC oaqe 570 in "Sumit Mehta v State of NCT of Delhi" at paraqraph 13 observed as under:

13. "The law presumes an accused to be innocent till his guilt is proved, As a presumable innocent person/ he is entitled to all the fundamental rights including the right to liberty guaranteed under Article 21 of the Constitution of India."

23. This Court opines that the action oF the respondent No.3 in issuing the impugned vide C.No.162/C7-CCRB/KMM/2023 letter dated 19.09.2023 to the District Collector, Khammam withoui conducting any enquiry into the subject issue is not only a hasty decision of the respondent No.3 herein, but, it is also in total ignorance of the fact as borne on record that the said complaint registered against the petitioner is a counter blast case, registered out of vengeance against the petitioner herein, in view of the fact, as borne on record that the petitioner got registered 16 ;. SN. J !\,I' 28994 2023 an FIR on 20.05.2022 itself against the saiJ putchakayala Venkata satya Narayana reddy vide FIRNo.I25l2OZ2. 24, This Court opines that the 3.d responde rt is bound to reconsider the decision made vide the impugn:r1 proceedings dated 19.09.2023, in the light of the discussicn and conclusion as arrived at paras 5 to 23 of the present order. 25, TAKIN INTO C ONSIDE RATION (a) The aforesaid facts and circumst ances of the ca se/ (b) The submissions made by the learned counsel appearrng on behalf of the petitioner and Hre learned Assistant Government pteader appearing on behalf of the respondent No.3, @ The order of appointment dated 74.O9.2OL2 issued in favour of the petitioner, (d) The order of appointment dated L4,OS.2OL4, (e) The contents of the impugned tetter dated 19.09.2023 issued by respondent No.3 to ther respondent No.4 issued C.No.162lC1lCCRB/ KMM/ t2023 dated 19.09.2023, 1l SN, J wP 28994 2021 (f) The contents of the subsequent letter vide Sl.No.10O1 dated 04.1O.2023 of the SSV Creations, Outsourcing Agency, Khammam addressed the letter to the Principal, TSWRS/JC(cirls) Kusumanchi, Khammam District. The writ petition is atlowed. The 3'd respondent is directed to reconsider the impugned decision made vide C.No.162lC1-CCRB/KMM /2023,

19.09.2023 terminating the petitioner from her services unilaterally without conducting any enquiry mainly on the ground of registration of the FIR No.12112O23 dated 1O.O9.2023 on the file of Police Station, Kalluru, Khhammam District and further consider the request of the petitioner for reappointment to the post of Record Assistant in accordance to law, within a period of two (2) weeks from the date of receipt of a copy of this order, in the interest of the justice and pass appropriate orders on the said request's of the petitioner, who is on the verge of retirement and duly communicate the decision to the petitioner. However, there shall be no order as to costs. l8 SN. J \\'P 28994 2013 Miscellaneous petitions, if any, pending ,in tl i:; Writ Petition. t' shall stand closed. /iTRUE COPY// Sd/.P.PONNA KRISHNA TANT RE GI9IRAR AS ECTION OFFICER I To,

1. The Principal Secretary, Depafiment of Social Welfarb (iovt. Telangana, Secretariat, Telangana State, Hyderabad, T. S

2. The Secretary, Telangana Social Welfare Residential I:clucation lnstitutions Society (TSWREIS), Daniodaram Sanjeevaiah Bhavar , Masab Tank, Hyderabad, T.S.

3. The Commissioner of Police, , Police Commissioneratr; tlffice, Khammam, :l Telangana - 507003

4. The District Collector, Khammam District, T.S. 5. The Regional Coordinator, TSWREIS, Khammam Dist'ir;t, T.S. 6. The Principal, TSWRS/JC (G), Kusumanchi, Khammarn District 7. One CC to SRI DR.KADIRI KRISHNAIAH, Advocate If PUC] 8. Two CCs to GP FOR SOCIAL WELFARE, High Cotrrt ior the State of Telangana at Hyderabad. [OUT]

9. Two CCs to GP FOR HOME, High Court for the State rf Telangana at Hyderabad. IOUT]

10.One CC to SRI BHANOTHU HUSSAIN, SC for TSWRSTJC (G) IOPUC] 1 1 . Two CD Copies. PMK BSK M/ HIGH COURT DATED:1810812025 ;' ORDER WP.No.28994 of 2023 \ i ) '.), ,\, tt t{0tl P5 r s,^':('!{r ALLOWING THE WRIT PETITION WITHOUT COSTS 1\ 1L

Counsel for the Petitioner : SRI DR. KADIRI KRISHNAIAH Counsel for the Respondents No.1,2,4&5 : AGP FOR SOCIAL WELFARE Counsel for the Respondents No.3 : AGP FOR HOME Counsel for the Respondents No.6 : -- counsel for the Respondents No.7 , 33,r"Jf,A|$rUf{lJSr;AlN, The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.28994 OF 2o23 ORDER: Heard Dr. Kadiri Krishnaiahan, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Socia! Welfare, appearing on behalf of the respondent No.1,2,4r5 and 6, learned Assistant Government Pleader for Home appearing on behalf of the respondent No.3 and Sri Bhanothu Hussain, tearned Standing Counsel appearing on behalf of the respondent No.7. t As oer heo rders of th sCourt dated 11-O8 .2 25 vid e 2 I.A.No. L ol 2024 in W.P.No.289 94 t 2023. the oraver ls o ame ded as follows: "...to issue appropriate writ or order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of respondents is issuing the termination proceedings vide C. No.162lC1- CCRB/KMM/2023 dated 19-09-2023 issued by the respondent No.3 by terminating the petitioner from her services basing on mere registering the FIR No.t2l/2023, dated 10-09-2023 on the file of police station, Kalluru, Khammam District as illegal and unjust ) wp zncc+ lfzl and against the principles of natural justice and consequently direct the respondents to re.appoint the petitioner in her post by setting aside the termination proceedings of the outsourcing agency, in the interest of justice and to pass......"

3. The case of the oetitioner in brierf as per the averments made in the affidavit filed bv th e petitioner in su D ort of the ores ent writ Detition is a s unrler: The petitroner was appointed as Reco -c Assistant in APSWRS/1.C.(G) Kalluru, Khammam District,'t'elangana State dated 14.09 2012. When the petitioner was worl. ing in the office of TSWREIS, Khammam District a case in Crime rlo.121 of 2023, dated 10.09.2023 on the file of police Station, Kharnmam District had been registered against the petitioner ba:;ing on a false complaint. The respondent No.3 with mala f/de ntention issued the termination proceedings vide C.No.162lC1-CCRB/KMM12OZ3 dated 19.09.2023 against the petitioner herein. A3qrieved by the same, the petitioner had filed the present writ pet tion.

4. PERUSED TH E RECO RD: -, (-, 3 SN, J wP 28994 2021 (A) loner I u the Conven er / Princi oal for District Social Wel fare R sid d Pri In w K c Kal d t4.o9.20L2a extracted here der: DISTRICT SOCIAL WELFA RE RESIDENTIAL EDUC ATIONAL I NSTITUTI ONS SOCIETY KHA MMAM. Rc.No. Al/Con/38/2012 From Smt. Ch. Aruna Kumari, Convener/PrinciPal DRBRACSWR Jr college(G) Khammam Dlstrict. Sir, Dt:14-09-2012 To The Principal, APSWRS/JC(G) Kallur. Sub: DSWREIS-Khammam-Filling up of the Record Assts through Out-sourcing Smt. D.Jyohti -Regarding ' Ref: Note orders of the loint Collector Khammam DV 23-7-2012 iinvitekindattentiontothereferencecited,whereinthe]oint Collector Khammam has permitted the Principal to engage the services ;aa;a. D.lyothi D/o Bhaskar Rao, Pakabanda Bazar Khammam in the vacant post of Rec. Asst. Further the Principal is directed to pay the remuneration to the individualfromthedateofherjoiningthedutyUntilfinalizationofthe Ortsor.cing agency. After finalization of the Out-sourcing agency the ipi, rsr -,id oihu.'"roluments to be paid to the agency only' Yours faithfullY, Convener/PrinciPa I DSWREIS Khammam. 4 SN. J wP 2899{ 2021 (B) The imouoned oroceedinos vide 9.No. L62/Cl/ CCRB,/KMM /2023. dated 19.09.2 023 isrsu Resoond ent No.3 Commissioner of Poli,:e. Kh mmam addressed to the District Collector, Khamm am. GOVERNMENT OF TELANGANA POLICE DEPP RTMENT From Vish n u S Warrier IPS Commissioner ol Police Khammam. To The District rlollector Khammam. C No. |62/C7/CCRB/KMM/2023, dt 19.01).2023 Sub: Police Department - Khammam Commis: ionerate Request to take necessary action against Smt Dharavath Jyothi W/o. Saidanaik who is working as data entry operetor at TSWRS/JC (Girls), Kusumanchi situated at SBIT College M;rcdulapalli Village of Khammam Rural lvlandal for her involvement in criminal case - submission of - regarding. Ref: Case in Cr No. t2l/2o23 U.sec 384 r/w 34 ipC of pS Kalluru. With reference to the above subject cited it is r.o inform that Sri Puchakayala Venkata Sathyanarayana Reddy R/o. K,appalabandham Village of Kalluru lulandal submitted a complaint to the SHO Kalluru stating that Smt. Dharavath jyothi W/o. Saidanaik v,,ho is working as Data Entry Operator at TSWRS/IC (Girls) Kusumancht situated at Sglt College, Ivladdulapalli Village of Khammam Rural Vandal and her husband Dharavath Saida Naik demanded him to pay Fls.250000/- to be compromised rn SC/ST cases filed by them against l- im and also he had to withdraw the cheque bounces cases which vrere filed by him against them. In this regard there is a mutual oral agreement between them. But said Dharavath jyothi and her hrsband iaidanaik changed their words, extorted Rs. 25000/- from him t,y threatening as they would file more SC/ST cases against him at Delhi level and ilso demanded for an additional amounl of Rs. 2,25.0f r0/-compared io previous ora I agreement. 5 SN, J wP 2E994 2023 Basing on the petition of the complaint Sri Puchakayala Venkata Satfryanaray-an Reddy R/o. Kappalabandham Villag-e of Kalluru Mandal u fui" *u.'registered in Crime No 12112023 U/Sec 384 rlw 34 IPC .q"i"it Smt Diaravath lyothi W/o Saidanaik who is working as Data E-n,rV- Op"ru,or at TSWRC/IC (Girls) Kusumgnghi, situated at SBIT fv"ilrf"p"f fi and ner husband dharavath Saida Naik at Kalluru police station on 10.09.2023. This case is under investigation' Therefore it is req uested to take necessary action against Smt Data Entry BIT College olvement in Dharavath Jyothi W/o. Saidanaik who is working as Ooeruto. at iSwRS / lC (Girls) Kusumanchi situated at S r'l'alOufapaf f i Village of Khammam Rural Mandal for her inv the above criminal case. Yours Fa ithfu llY Commissioner of Police Khammam (C) The conseouential oroceedinqs dated O4'1O'2O23 o o h TSwRS/ c(G) Kusu manchi Kha mma m Distri ct. From SSV Creations, Out Sourcing Agency, Khammam. Respected Madam, To The PrinciPal, TSWRS/JC(G) Kusmanchi Khammam District. Sub: SSV Creations Termination of Services of Smt'D'Jyothi- D.E.O Data Entry operator)-TSWRS/ICG) Kusmanchi' Khammam District under out sourcing-Reg ' Ref: First Information Report (FIR)I of the Police station Kallur- t2t/ 2023, Dated: 10.09.2023 \ f ,; I 6 SN, J \\/1, 28994 2023 Advertising to the subject and referer c,: cited above Smt.D.Jyothr W/o Saidanaik DEO (Data Entry Operator) working at TSWRS/ JC(G) Kusmanchi, Khammam District t rat a FIR (First Information Report) have being registered upon thc tnd vidual, Vide considering the FIR No.t2t/2023 Dated: 10.09.2023 registered at Police station of Kallur, Khammam District, Telanga,r;. The Individual is hereby terminated from the services of outsourc nq SSV Creations who working in TSWRS/ JC(G) Kusmanchi, Khamman, District located at SBIT College, Maddulapalli Village of Khammarr Rural Mandal. Khammam District. Therefore, it is requested Smt. D.lyothi-DEO TSWRS/.IC(G) submitting for your information. to take necessary action against Kusmanchi, Kha m 'n,: m District and Yo;rs farthfully, S 17 -xxx SS'/ Creations, Outso: rr:rng agency. Encl: Xerox Copy of FIR To The Regional Coordinator, TSWREIS, Khammam Distr cl The District Collector & [4agistrate, Khammam For Information. (D) Counter affidavit filed on br alf e ondentN o.3 in t)arti a ar Da raN os- 3 ,4 and 5 are J resD extracted hereunder: "3. It is respectfully submitted that as per- tlre records, the factual aspects are that one Mr.VenkataSatya.l.lrayana Reddy Puchakayala, son of Pratap Reddy, resident of (harnmam has approached the police of Kalloor police Statior and lodged a complaint with it on 10.09.2023 against Smt. t)haravath lyothi (Petitioner herein) and her husband Mr.Dharavatl :;aida Naik.

4. Basing on the contents of the above corrplaint, a case in C(.N:.12L/2O23 U/Secs. 384 r/w 34 IpC dated 11.09.2023 was registered on the file of Kalloor police Station. t(irammam Rural District and taken up the investigation into the case. The petitioner herein and her husband are shown as /\l and A2 in the FIR, \ \ l SN. J wP 28994 2023 It is humbly submitted that the writ petitioner made this 5. iesponaent party tirough he is not proper and necessary for the adjudication of the'lis'in the present writ petition Therefore, the Hon'ble Court may be pleased to dismiss the writ petition insofar as this respondent is concerned." DISCUS SION A D CONCLU SION: The learned counsel appearing on behalf of the petitioner 5. submits that the petitioner had been appointed as Record Assistant in APSWRS/l.C(G), Kalluru, Khammam District' Telangana State, vide R.C.No.A1lCon/3812O12, dated L4.Og.2Ol2 (referred to and extracted above), and the petitioner joined the dutY vide R.C. No.Ar/CL/38l2Ol2 duly reporting to the Principal of APSWRS/Junior College, Kollur, Khammam District, through outsourcing agency. The petitioner had been rendering services as Record Assistant In -Junior College of Social Welfare Department and the said appointment of the petitioner was taken up by the Collector, Khammam District by issuing the notification for the vacant posts in the social welfare department of Khammam District' Thereby, the petitioner had been working as Record Assistant without a single remark and discharging petitioner's duties sincerely since September 2012' It is further the specific case of the petitioner that the 6. petitioner was appointed as Junior Assistant cum Typist (IACT) in 8 SN, J \\rP 2899J 2021 APSWRS/IC Kalluru(G), vide Rc.No.VSC/09/2014, dared L4_03_ 2014 through outsourcing in Government Desartments and thereafter, the petitioner joined the said dutie; and had been rendering services from the year 2014 to 04.10.,tC23.

7. It is further the case oF the petitioner th,rt the petitioner was transferred to Kusumanchi Junior College (G) of RSWS, Khammam District on 20.05.2019. The petitr( ner received a letter dated 04.10.2023. The learned counse appearing on behalf of the petitioner submits that throuc h lerter dated 04.1O.2023 the petitioner was directed not to attend to the duties. A criminal case filed against the peti-r()ne r vide FIR No.121l2023, dated 10.09.2023 was register-r:c aqainst the petitioner at Police Station of Kalluru and the atrove said letter was issued to the petitioner by the respondent !().6 herein, as per the specific instructions issued by the Conrmissioner of Police, Khammam yide C.No.162lC1lCCRB/Kt14r2023, dated 79 .09 .2023.

8. The learned counsel appearing on behalt o, [he petitioner submits that in fact the petitioner got registered a case in FIR No. 125 of 2022 dated 20.05.2022 Under Sections :54D, 2g4(b), / 9 SN. ] wP 28994 2023 s06, s09 rlw 34 IPC, 3(1)(rXs) SC/ST (POA) Act against one Venkata Satyanarayana Reddy Putchakayala.

9. It is the specific case of the petitioner that in the said complaint the petitioner had complained on 20.05.2022 that the accused was stalking, using abusive words against the petitioner and had threatened the petitioner with dire consequences to kill the petitioner if the petitioner refuses the sexual proposal put forth by the accused thereunder i.e one Venkata Satyanarayana Reddy Putchakayala. 1O. The learned counsel appearing on behalf of the petitioner submits that as a counter blast to the FIR registered by the petitioner against the said Venkata Satyanarayana Reddy Putchakayala, the said Venkata Satyanarayana Reddy Putchakayala got registered an FIR against the petitioner on L0.09.2023 with frivolous allegations against the petitioner vide FIR No.12112023 Under Sectlons 384 rlw 34 IPC. In view of the registration of the said FIR, the Commissioner of Police, Khammam addressed a letter vide impugned letter vide C.No.162ICI-CCRB/KMM/2023, dated 19.09.2023 to the District Collector, Khammam stating that the said case is under t0 SN..I wP 2899,1 2023 investigation and further requested the Dittrict Collector, Khammam to take necessary action against the tr:ltioner herein who is working as Data Entry Operator at TS\V]IC/JC (GIRLS) Kusumanchi situated at SBIT College Maddultrpralli Village of Khammam Rural lulandal for petitioners involvenrt:nt in the said crrminal case and basing on the said letter impugned letter C.No. 162/C1-CCRB/KYltl/2023, dated 19.09.2023, tn= consequential letter dated 04.70.2023 had been issued by the ljSp Creations, Outsourcing Agency, Khammam District tc :he principal, fSWRS/]C (G), Khammam District with a rCCUest to take necessary action against the petitioner.

11. The learned counsel appearing on behalf cf the petitioner contends that mere registration of FIR No.121 c,f 2023 dated

10.09.2023 on the file of Police Station, Kaltr ru, Khammam District against the petitioner, which in fact is a cc unterblast case registered against the petitioner out of vengeancl bv the said Venkata Satyanarayana Reddy Putchakayala against whom the petitioner got registered an FIR vide FIR No.2tjl2022 dated 20.05.2022 on the file of Kalluru, police Stati,)n, Khammam District and the same cannot be the basis for te -minating the services of the petitioner, who had been working sincerely with SN, ] wP 28994 2021 the respondent Nos.2, 5 and 7 herein since the year 2OL2 onwa rds. L2. The learned counsel appearing on behalf of the petitioner submits that the Commissicner of Police, Khammam District addressed a letter to the District Collector, vide C.No.1.62/CL' CCRB/ KMM/2023, Khamrnam dated 19'09'2023 to take necessary action against the petitioner tnerely on the ground that the petitioner was tnvolved in the said criminal case which had been registered against the petitioner vlde FIR No.121 of 2023 dated 10.09.2023 on the file of Kalluru Police Station, Khammam District and therefore, the learned counsel appearing on behalf of the petitioner contended that the petitioner is entitled for the relief as prayed for, in the present writ petition.

13. The learned Assistant Government Pleader placing reliance on the averments made in the counter atfidavit filed on behalf of the respondent No.3 in paragraph Nos.3,4 and 5 (referred to and extracted above), contends that the petitioner and her husband are shown as A1 and A2 in Crime No.121 of 2023 registered against the petitioner and her husband Under Section 384 r/w 34 IPC dated 10.09.2023 on the file of Kalloor Police ! I a ( SN. J u,P 28991 2021 station, Khanrmam District and further that the rrommissioner of Police. Khammam had been unnecessarily irr pleaded in the present wnt petition and therefore, the writ petition neecls to be dismissed, since there is no illegality in the s:;uance of the impugned termination proceecJings dated 19.09. )_023 by the 3,d respondent. 74, A barr: perusal of the record clearly indicates that admittedly as borne on record vide Rc.No.A3lCon /38/2012 dated 14.09.2.012 (referred to and extracterl above), the Convener/ Principal, DRBRACSWR lr.College (G), Khantmam had appointed the petitioner as Recorcl Assistant throL gh o.rtsourcing and the petitioner had been di:;charginq the sa c duties since Septernber,2012.

15. A ba re perusal of the letter of the appointmr:rrt vicle Rc No. VSC/09/2014, dared

14.05.20t4 indicates that the petitioner had becn appointed as Junicr t\ssistant Cum Typist thr:o,.Lgh Outsourcing basis in the governnrcnt departments

16. A bare perusal of the record frtrther indir:ates that the order of appointment in faVour oF the petitioner iritially wa9 as Record Assistant on 14.09.201 2 and subsequer)Uy as Jr-i1ior l, SN, ] wP 28994 2021 Assistant Cum Typist and the same had been issued by APSWRS/lC, Kalluru(G), Khammam District, Telangana State. L7. A bare perusal oF the contents of the impugned letter dated lg.Og.2023, issued by the Commissioner of Police, Khammam District to the District Collector, Khammam clearly indicates that the commissioner of Police had requested the District collector to take necessary action against the petitioner who is working as Data Entry Operator at TSWRS/IC (Girls) Kusumanchi situated at SBIT College Maddulapalli Village of Khammam Rural Mandal for the petitoners'involvement in Crime No.l27/2023, Dated 10.09.2023 registered against the petitioner under section 384 r/w 34 IPC by the complainant one Sri Putchakayala Venkata Satya Naryana Reddy resident of Kappalabandham Village of Kalluru Mandal.

18. A bare perusal of the record also indicates that on 20.O5.2022 itself the petitioner got registered the FIR against the said Sri Putchakayala Venkata Satyanarayana Reddy Resident of Kappalabandham Village of Kalluru Mandal dated

20.O5.2022 vide FIR No.125/2022 Under section 354D,294 (b), 506, 509 r/w 34 tPC,3(1)(r) (s) SC ST POA Act, 1989. I I I ! d- t4 S\J \\'P t89et 20t l 19. A bare perusal of the complaint thereunde,r indicates that it was the casr: of the atrocities against petitionet- I €rein pertaining to stalking, using abusive words and threatr:ning with dire consequences to kill the petitioner iF the petiticner refused the sexual proposal put forth by the said accused orrr: Putchakayala Venkata Satya Narayana Reddy who is arrayed irs; accused No.1 in the said crim e

20. This Court opines that mere registration of the FIR against the petitioner cannot be a ground For issuing 3ny orders oF term ination/remova I under criminal law accused is not guilty unless proven guilty and in the present case edmittedly the record indicares that the petitioner got registered FIR against the said Sri Putc.hakayala Venkata Satyanarayana Redd1, vide FIR No. 125/2022 dated 20.05.2022 and the FIR re(ti:;tered against the petitioner is much Iater after more than a per.iod oF one year dated t0.09.2023 vide FIR No.121/2023 registered by Sri Putchakayala Venkata Satya narayanareddy against the petitioner herein 2L. This Court opines that the Commissiorrr:r of police, Khammam issuing a letter yrde C.No.16Z/CI-CC RB/KMM/2023, I 15 SN, J wP 28994 2021 dated 19.09.2023 addressed to the District Collector, Khammam acted in haste in requesting the District Collector, Khammam to take necessary action against the petitioner herein even without conducting any enquiry on the subject issue unilaterally without application of mind.

22. rn ud m tre orted in 2O13 15 SCC oaqe 570 in "Sumit Mehta v State of NCT of Delhi" at paraqraph 13 observed as under:

13. "The law presumes an accused to be innocent till his guilt is proved, As a presumable innocent person/ he is entitled to all the fundamental rights including the right to liberty guaranteed under Article 21 of the Constitution of India."

23. This Court opines that the action oF the respondent No.3 in issuing the impugned vide C.No.162/C7-CCRB/KMM/2023 letter dated 19.09.2023 to the District Collector, Khammam withoui conducting any enquiry into the subject issue is not only a hasty decision of the respondent No.3 herein, but, it is also in total ignorance of the fact as borne on record that the said complaint registered against the petitioner is a counter blast case, registered out of vengeance against the petitioner herein, in view of the fact, as borne on record that the petitioner got registered 16 ;. SN. J !\,I' 28994 2023 an FIR on 20.05.2022 itself against the saiJ putchakayala Venkata satya Narayana reddy vide FIRNo.I25l2OZ2. 24, This Court opines that the 3.d responde rt is bound to reconsider the decision made vide the impugn:r1 proceedings dated 19.09.2023, in the light of the discussicn and conclusion as arrived at paras 5 to 23 of the present order. 25, TAKIN INTO C ONSIDE RATION (a) The aforesaid facts and circumst ances of the ca se/ (b) The submissions made by the learned counsel appearrng on behalf of the petitioner and Hre learned Assistant Government pteader appearing on behalf of the respondent No.3, @ The order of appointment dated 74.O9.2OL2 issued in favour of the petitioner, (d) The order of appointment dated L4,OS.2OL4, (e) The contents of the impugned tetter dated 19.09.2023 issued by respondent No.3 to ther respondent No.4 issued C.No.162lC1lCCRB/ KMM/ t2023 dated 19.09.2023, 1l SN, J wP 28994 2021 (f) The contents of the subsequent letter vide Sl.No.10O1 dated 04.1O.2023 of the SSV Creations, Outsourcing Agency, Khammam addressed the letter to the Principal, TSWRS/JC(cirls) Kusumanchi, Khammam District. The writ petition is atlowed. The 3'd respondent is directed to reconsider the impugned decision made vide C.No.162lC1-CCRB/KMM /2023,

19.09.2023 terminating the petitioner from her services unilaterally without conducting any enquiry mainly on the ground of registration of the FIR No.12112O23 dated 1O.O9.2023 on the file of Police Station, Kalluru, Khhammam District and further consider the request of the petitioner for reappointment to the post of Record Assistant in accordance to law, within a period of two (2) weeks from the date of receipt of a copy of this order, in the interest of the justice and pass appropriate orders on the said request's of the petitioner, who is on the verge of retirement and duly communicate the decision to the petitioner. However, there shall be no order as to costs. l8 SN. J \\'P 28994 2013 Miscellaneous petitions, if any, pending ,in tl i:; Writ Petition. t' shall stand closed. /iTRUE COPY// Sd/.P.PONNA KRISHNA TANT RE GI9IRAR AS ECTION OFFICER I To,

1. The Principal Secretary, Depafiment of Social Welfarb (iovt. Telangana, Secretariat, Telangana State, Hyderabad, T. S

2. The Secretary, Telangana Social Welfare Residential I:clucation lnstitutions Society (TSWREIS), Daniodaram Sanjeevaiah Bhavar , Masab Tank, Hyderabad, T.S.

3. The Commissioner of Police, , Police Commissioneratr; tlffice, Khammam, :l Telangana - 507003

4. The District Collector, Khammam District, T.S. 5. The Regional Coordinator, TSWREIS, Khammam Dist'ir;t, T.S. 6. The Principal, TSWRS/JC (G), Kusumanchi, Khammarn District 7. One CC to SRI DR.KADIRI KRISHNAIAH, Advocate If PUC] 8. Two CCs to GP FOR SOCIAL WELFARE, High Cotrrt ior the State of Telangana at Hyderabad. [OUT]

9. Two CCs to GP FOR HOME, High Court for the State rf Telangana at Hyderabad. IOUT]

10.One CC to SRI BHANOTHU HUSSAIN, SC for TSWRSTJC (G) IOPUC] 1 1 . Two CD Copies. PMK BSK M/ HIGH COURT DATED:1810812025 ;' ORDER WP.No.28994 of 2023 \ i ) '.), ,\, tt t{0tl P5 r s,^':('!{r ALLOWING THE WRIT PETITION WITHOUT COSTS 1\ 1L