K. SRIRAMA MURTHY Vs. FOOD CRAFT INSTITUTE VIZAG

JUDGEMENT

(1.) The petitioner is challenging the proceedings dtd. 15/4/2010 issued by the 1st respondent, whereby the petitioner was dismissed from service with effect from 15/4/2010. It was also ordered that subsistence allowance upto 15/4/2010 shall be paid to the petitioner and that the petitioner would not be entitled for any other benefits from the institution.

(2.) The learned counsel appearing for the petitioner submits that the petitioner was initially appointed as Maali on 11/1/1988. The learned counsel for the petitioner submits that the Food Craft Institute, Visakhapatnam, has its own service regulations and bye-laws. However, the impugned proceedings were issued by adopting A.P.C.S. (CCA) Rules, 1991. It is submitted that the petitioner was placed under suspension vide proceedings, dtd. 1/6/2009. The orders of suspension were issued under Sub Rule (1) of Rule 8 of A.P.C.S. (CCA) Rules, 1991.

(3.) It is submitted that the charges were framed that the petitioner, while functioning as Maali, applied for leave from 30/9/2009 to 17/4/2009 and that he contested the general elections as an MLA Candidate. Charges were framed for becoming a member of political party and suppressing the contest in the general elections. It is also submitted that the petitioner had applied for leave and also sought permission for contesting in the general elections vide representation dtd. 28/3/2009. It is submitted that the respondents have not rejected the petitioner's request; however, resorted to completing the enquiry and issued the proceedings of termination by invoking the A.P.C.S (CCA) Rules, 1991.