M.ELMA SAEG Vs. STATE OF A.P.

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India for the following relief:-

(2.) The precise case of the petitioner is that she initiated appointed as Language Pandit (Hindi) in SNS Municipal High School, Narasapuram Municipality and subsequent she was transferred to NTR UP School No.1, Tanuku Municipality, West Godavari District from 13/2/2019 to 30/1/2020. The husband of the petitioner made a complaint to the District Collector, West Godavari stating that she produced false study certificates from 4th to 9th classes at St.Xavier's English Medium School, Tanuku. As against the false complaint the 5th respondent appointed the Deputy Educational Officer, Tadepalligudem to conduct enquiry. Without framing any Article of Charges issued Show-Cause notice to the petitioner, without conducting any preliminary enquiry and investigation and submitted enquiry report. Basing on the preliminary enquiry report of the District Collector, West Godavari, Eluru and the District Educational Officer/ 5th respondent simply removed the petitioner from service and no opportunity was given to submit her explanation, in the absence of any Charge Memo, no show cause notice was issued under Rule 21 of APCS (CCA) Rules-1991 duly informing the nature of punishment etc., which is highly illegal and arbitrary. As against the illegal removal orders, dtd. 28/1/2020 the petitioner preferred statutory appeal under Rule 33 of APCS (CCA) Rules, 1991 before the 2nd respondent on 7/3/2020 and the same is pending without any further orders. Therefore, this Writ Petition came to be filed.

(3.) Heard MR. Ramalingeswara Rao Kocherlakota, learned counsel for the petitioner and learned Assistant Government Pleader, Services-III and learned Assistant Government Pleader, Municipal Administration and Urban Development for the respondents.