R VENKATARAJU Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) THE petitioners are the employees of various categories, working in Col. D. S. Raju polytechnic, Poduru, West-Godavari District, the 4th respondent herein (for short 'the Institution' ). The institution was admitted to grant-in-aid. Disciplinary proceedings were initiated against the petitioners on a report submitted by the Principal, Full Additional charge, the 5th respondent herein, on 09-09-2005. The petitioners were placed under suspension vide orders dated 27-10-2005. Several developments have taken place, and ultimately, the Inquiry Officer submitted report dated 14-02-2006. The same was placed before the Executive Committee of the management, and show-cause notice was issued to the petitioners, as to why suitable disciplinary action shall not be taken against them, on the basis of the findings of the inquiry Officer. Explanations were also submitted.

(2.) AS required under Section 79 of the a. P. Education Act, 1982 (for short 'the Act)the Management of the Institution approached the Commissioner and Director of Technical education, the 2nd respondent herein, for prior approval. Through his letter dated 26-01-2008, the 2nd respondent accorded approval. The same is challenged in this writ petition. It is urged that the 2nd respondent was under obligation to hear the petitioners before according approval, and since such an opportunity was not given, the proceedings are liable to be set aside. Other contentions are also urged.

(3.) COUNTER-AFFIDAVITS are filed on behalf of the Institution. The various allegations made by the petitioners are denied. According to them, it is not necessary for the 2nd respondent to issue notice to the petitioners before according approval, under Section 17 of the Act.