IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 10187 of 2007 Between: S. Kumaraswamy S/o. Mallaiah Victor, Lesley and Lillian ITI/ITCs Warangal, Warangal District. ..... PETITIONER AND 1 The Inspector of Police, CID Zone, Warangal, Warangal District. 2 The Commissioner of Social Welare, A.P. Hyderabad. 3 The Principal Cum Convenor of Government I.T.I. (Boys& & Girls) Warangal, Warangal District. 4 The Commissioner, Labour Employement ad Training, B.R.K.R. BHavan, Tank Bund, Hyderabad. .....RESPONDENT(S) 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 issue an appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring the proceedings dt. 13-3-2007 issued by the 2nd Respondent herein directing Deputy Director of Social Welfare to give wide publicity that SC Students should not join in Laurel, Hazarath, Victor, Lesley and Lillian ITI/ITCs Institutions Warangal, Warangal District and consequential proceedings dt. 25-4-2007 issued by the 1st Respondent as illegal, arbitrary and violation of principles of natural justice and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : O R D E R: This Writ Petition has been filed by S.Kumaraswamy assailing the action of 2nd respondent-Commissioner of Social Welfare in issuing the proceedings dated 13.3.2007. The petitioner established ITI institutions/colleges named as Laurel, Hazarath, Victor, Lesley and Lillian in Warangal District. He sought for affiliation from the Director General of Employment and Training, New Delhi. On being satisfied with the report submitted by the Standing Committee of the Inspection Team, the Director General of Employment and Training granted affiliation to the petitioner’s institutions. The petitioner is working as a Principal and Secretary of the institutions. The Principal of the Government ITI institutions/colleges is the Convenor for allotment of students for admission into private ITI institutions/colleges. The Principal cum Convenor, Government ITI, Warangal allotted students to five institutions/colleges for pursuing their ITI for education and training. While so, C.I.D. Police Station, Hyderabad registered a case in Crime No.52 of 1997 against the petitioner under sections 409, 420 and 468 IPC. The accusation made against the petitioner is that he misappropriated the scholarship to the tune of Rs.61,52,510/- sanctioned in favour of students belonging to SC and STs who were admitted in the five institutions/colleges. After due investigation, a charge sheet came to be filed alleging that he misappropriated to the tune of Rs.1,40,560/- by submitting false acquittances with forged signatures of 14 students. The Ist Additional Judicial First Class Magistrate, Warangal took the charge sheet on file and numbered the case as C.C.No.464 of 2002. Eight witnesses were examined out of 34 listed witnesses in the C.C. The 2nd respondent issued proceedings dated 13.3.2007 where under he requested the Director, Tribal Welfare Department, Hyderabad to inform their students to give wide publicity that SC and ST students should not join in any course in ITI institutions/colleges of the petitioner herein during the year 2007-08 as the ITI institutions/colleges of the petitioner are black listed. The said proceedings are under challenge in this writ petition. The 1st respondent filed counter affidavit. One P.Shobhanachalam has sworn to the counter affidavit. It is stated in the counter affidavit that on 12.2.2007 the Additional director General of Police, CID, A.P. Hyderabad has requested the Commissioner, Social Welfare Department, Hyderabad to initiate necessary action against the accused, who is the petitioner herein, for misappropriation of scholarship amount to the tune of Rs.63,16,420/- during the years 1994/97 intended to SC and ST students of five ITIs/ITCs by canceling the flow of scholarship funds to the institutions of the petitioner herein and also to initiate action for cancellation of recognition of all the institutions of the petitioner herein. Accordingly, the Commissioner, Social Welfare Department, Hyderabad issued proceedings Rc.No.D3/2110/2007, dated 13.3.2007 informing the action taken report to the Additional Director General of Police, CID, Hyderabad. Heard learned counsel appearing for the petitioner and learned Government Pleader for Home for R1. Learned counsel appearing for the petitioner submits that the accusations made against the petitioner in the proceedings dated 13.3.2007 emanating from the 2nd respondent-The Commissioner of Social Welfare, Hyderabad are wholly unwarranted and therefore the proceedings are liable to be set aside. Learned Government Pleader for Home appearing for 1st respondent submits that the case against the petitioner is pending trial and therefore at this stage it cannot be said the accusations leveled against the petitioner are unfounded. Indisputably a charge sheet came to be filed against the petitioner where under accusation has been made that he misappropriated the scholarship amounts. In the proceedings impugned in the writ petition the misappropriation amount has been mentioned as Rs.63,16,420/-, whereas in the charge sheet it is stated that the accused misappropriated an amount of Rs.1,40,560/- in respect of one of the five institutions of the petitioner. The quantum of amount indicated in the proceedings impugned in this writ petition is based on the FIR registered against the petitioner. The proceedings are dated 13.3.2007 and nearly an year has been elapsed. It is stated that the affiliation granted to the petitioner institutions is not disturbed so far. In view of the above, I dispose of this writ petition directing the 2nd respondent not to give any publicity with regard to the accusations leveled against the institutions managed by the petitioner hereafter since the issue of misappropriation of scholarship amounts is the subject matter in the Criminal case which is pending trial. 14th August, 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.10187 OF 2007 14TH AUGUST, 2008