MALLAMPATI GURAVAIAH Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) The order under challenge in this writ petition is the proceedings of the 1st respondent, in Memo No. 45189/End.IV.2/09-1 dated 15.09.2009 (15.10.2009), as being contrary to law, arbitrary and without jurisdiction.

(2.) Sri Vengamamba Perantalu Temple, situated within the limits of Narrawada Gram Panchayat, Duttalur Mandal, Nellore District, has been notified under Section 6 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act No. 30 of 1987). The 4th respondent herein is the Managing Trustee of the said temple. On receipt of information, that the 4th respondent had allegedly committed grave and serious irregularities, the 3rd respondent was appointed as the Enquiry Officer to enquire into these allegations. Charges were framed against the 4th respondent and the Enquiry Officer submitted his report holding that all the charges were proved. The 3rd respondent issued a notice to the 4th respondent and, thereafter, passed final orders under Section 28(1)(a) & (b) of Act 30 of 1987 on 03.12.2003 disqualifying him as a trustee of the temple. The 4th respondent filed R.P. No. 4 of 2005 before the Regional Joint Commissioner of Endowments, questioning the order of disqualification passed by the Deputy Commissioner of Endowments. The Regional Joint Commissioner, by order dated 08.03.2006, allowed the Revision petition and remanded the matter back to the Deputy Commissioner of Endowments for fresh enquiry.

(3.) Aggrieved by the order of the Regional Joint Commissioner dated 08.03.2006, the petitioner filed W.P. No. 11469 of 2006 and the 4th respondent herein filed W.P. No. 11969 of 2006. This Court, by a common order dated 20.06.2006, disposed off both the writ petitions observing that, as on the date of initiation of disciplinary proceedings and conducting enquiry, the temple was under Section 6(b) category for which the Deputy Commissioner was the competent authority; and, before final orders could be passed, the temple was re-classified as a Section 6(a) temple for which the Commissioner of Endowments was the competent authority. This Court directed the Commissioner of Endowments to conclude the enquiry held against the 4th respondent herein and, thereafter, pass appropriate orders. The Commissioner, after furnishing a copy of the enquiry report and calling upon the 4th respondent to submit his objections thereto, considered the material on record and passed orders on 19.09.2006, under Section 28 of the Act, disqualifying the 4th respondent as a trustee of the temple. The 4th respondent approached the Government questioning the order of the Commissioner dated 19.09.2009. The 1st respondent, in turn, issued Memo dated 15.09.2009 (15.10.2009) suspending the order of the Commissioner dated 19.09.2009. The 1st respondent also directed maintenance of status quo as on 19.09.2009. Aggrieved by the said order of the Government, suspending the order of the Commissioner, the present writ petition is filed.