IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.36519 of 1998 Between: G. Ramasastry, S/o G. Radhakrishna Sastry, Hindu R/o Gandhinagar, Vijayawada, Krishna District. ..... PETITIONER AND 1 State of A.P. Rep. by its Secretary Education Department, Secretariat, Hyderabad. 2 The Director of School Education, Government of A.P., Hyderabad. 3 The Regional Joint Director of School Education, Kakinada, E.G.District. 4 The District Educational Officer, Machilipatnam, Krishna District. 5 Hokkapati Siva Subrahmanya Sarma S/o M. Samba Murthy, Municipal Corporation High school, Vijayawada. (RR 5 to 14 are impleaded as per court order dt:8.2.00 in WPMP.No.24685/99 ) 6 B. Shivasankar Kumar, S/o B. Subbarayudu, Municipal Corporation High school, Vijayawada. (RR 5 to 14 are impleaded as per court order dt:8.2.00 in WPMP.No.24685/99 ) 7 B.V. Prabhakara Sastry, S/o B.V. Narayana, Municipal Corporation High school, Vijayawada. (RR 5 to 14 are impleaded as per court order dt:8.2.00 in WPMP.No.24685/99) 8 T. Meenakshi, W/o P. Chanikya, Municipal Corporation High school, Vijayawada. (RR 5 to 14 are impleaded as per court order dt:8.2.00 in WPMP.No.24685/99) 9 P. Jyothi, W/o M. Satyadayashri Municipal Corporation High school, Vijayawada. (RR 5 to 14 are impleaded as per court order dt:8.2.00 in WPMP.No.24685/99 ) 10 V. Hari Laxmi, W/o S. Rama Krishna, Municipal Corporation High school, Vijayawada. (RR 5 to 14 are impleaded as per court order dt:8.2.00 in WPMP.No.24685/99 ) 11 E. Savitri, w/o ES. Subrahmanyam, Municipal Corporation High school, Vijayawada. (RR 5 to 14 are impleaded as per court order dt:8.2.00 in WPMP.No.24685/99) 12 G. Krishna Seshu, S/o G. Narasimha Rao, Municipal Corporation High school, Vijayawada. (RR 5 to 14 are impleaded as per court order dt:8.2.00 in WPMP.No.24685/99) 13 B. David Raju, S/o J.B. Zakharaiah, Municipal Corporation High school, Vijayawada. (RR 5 to 14 are impleaded as per court order dt:8.2.00 in WPMP.No.24685/99 ) 14 K. Seshavani, Wo M.N. Chari, Municipal Corporation High school, Vijayawada. (RR 5 to 14 are impleaded as per court order dt:8.2.00 in WPMP.No.24685/99 .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ, orderor direction moe particualrly one in the nature of Writ of Certiorari calling for the records pertaining to G.O.Rt.No. 1686 Education (PS.I) Department dt:26.11.97 and quash the same as illegal and arbitrary besides being violative of Art. 14 of the Constitution of India and principles of natural justice and also violative of mandatory provisions of A.P Education Act, and the rules framed there under from time ot time and pass Counsel for the Petitioner:MR.V.S.R.ANJANEYALU Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following: Form-NIC-OGS/WP{SAM} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.36519 of 1998 ORDER: The petitioner questions the order of the Government in G.O.Rt.No.1686, Education (PS.I) Department, dated 26.11.1997 in dismissing his appeal while confirming the order of the Director of School Education, A.P.Hyderabad in Rc.No.781/D1-1/84, dated 04.06.1986. The petitioner was working as a secretary and correspondent of Sri Srinivasa Bala Vidyala High School, Gandhi Nagar, Vijayawada and by the impugned orders dated 04.06.1996, he was declared unfit as a secretary and correspondent of Sri Srinivasa Bala Vidyala High School, Gandhinagar, Vijayawada and also as Secretary and correspondent for any other recognized educational institutions in the State permanently. The said order was passed by the Director of School Education after conducting enquiry, which was confirmed by the Government by the impugned G.O. dated 26.11.1997. It is stated that admittedly a show cause notice was issued to the petitioner under Sec.24 (4) of the Act 1/1982 vide proceedings in Rc.No.781/D1-1/84, dated 08.07.1995, framing serious charges relating to harassment to teachers, improper maintenance of service books of the staff, irregular cuts in the salaries of teachers and maintenance of duplicate records, collection of donations and fees from the students contrary to rules, Collection of contributions for the purchase of school building in Gandhinagar, Vijayawada, organizing a dance drama and got the plot registered in the name of the secretary and correspondent and his wife, and cheating the department by making claims of the teaching grant claiming of salary for the period when the teachers were not in existence. With regard to the said show cause notice, the petitioner requested to supply certain documents. It is stated that a regular enquiry was conducted and in the departmental enquiry it was held that the petitioner was not able to place any relevant material with regard to serious allegation made against the female teachers. In fact, one B.David Raju, E.Meenakshi and S.Kalpavalli gave statements against the petitioner and accordingly it is considered and held that the charge with regard to harassment of teachers was proved. With regard to second charge about the improper maintenance of the service books of the staff, it was held that there was no satisfactory explanation with regard to improper maintenance of service books and hence the said charge was also proved. With regard to financial irregularities relating to irregular cuts in the salaries of the teachers and maintenance of duplicate records, the 2nd respondent held that the petitioner did not refute the charge and there was no satisfactory explanation and accordingly the said charge was also proved. With regard to the fourth charge relating to collection of donations and fees from the students contrary to rules, the statements of parents and students were recorded and held that the said charge was also proved against the petitioner, as there is no rebuttal evidence. It is stated that with regard to fifth charge relating to collection of contributions for the purchase of school building in Gandhinagar, Vijayawada organizing a dance drama and got the plot registered in the name of the Secretary and correspondent and his wife, the said charge was also proved because there was no rebuttal evidence adduced on behalf of the petitioner. With regard to last charge i.e. cheating the Department by making claims of the teaching grant claiming of salary for the period when the teachers were not in existence, the 2nd respondent held that the said charge was also proved. It is stated that even though a reasonable opportunity has been provided to the petitioner, he did not attend the open enquiry conducted by the departmental officers and therefore the Director of School Education passed the impugned order dated 04.06.1986, declaring the petitioner as unfit as Secretary and Correspondent of the institution. It is stated that against the said order the petitioner filed appeal and the appellate authority i.e. the Government also considered the contentions of the petitioner in detail with regard to issuance of the show cause notice and giving reasonable opportunity, and after considering the rival contentions, the Government held that the temporary recognition to the school run by the teachers has been granted upto 1988-89 to facilitate students of the locality to appear for the examination as regular candidates, and the teachers were under direct payment of salaries, and as the school run by the teachers did not possess any infrastructure as prescribed in G.O.Ms.No.60 Education dated 28.01.1986, the school was handed over to the Vijayawada Municipal Corporation. Therefore, it cannot be said that the District Educational Officer has no power for approving the correspondentship of the petitioner and to consider the request of the petitioner for re-transferring the school to the Management. Accordingly, the request of the petitioner for revoking his disqualification imposed on him and for re-transfer of the school to the private management was rejected. As the charges made against the petitioner are serious in nature and the petitioner did not avail the opportunity provided by the Director of School Education, having regard to the facts of the case, I am of the opinion that it cannot be said that the impugned orders suffer from any illegality and in violation of principles of natural justice. However, I am of the opinion that it may be just and proper to impose punishment of permanent disqualification as a secretary and correspondent of any recognized education institution. As the punishment imposed has already worked out for a period of more than 10 years, the punishment imposed on the petitioner with regard to permanent disability/disqualification is set aside. But the impugned order with regard to rejection of the request of the petitioner for retransferring the school to the private management is not interfered with. The Writ Petition is, accordingly, disposed of. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 08.07.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 State of A.P. Rep. by its Secretary Education Department, Secretariat, Hyderabad. 2 The Director of School Education, Government of A.P., Hyderabad. 3 The Regional Joint Director of School Education, Kakinada, E.G.District. 4 The District Educational Officer, Machilipatnam, Krishna District. 5.2CCs to 6.2CD copies