IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT: HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.23484 of 2000 Between: V.K.Prasad, S/o V.Krishna, Ist Year, R/o 352, Bairagi Pattader, Tirupathi, Chittoor District. ..... PETITIONER AND Tirumala Tirupati Devasthanam, Rep. by its Executive Officer, K.T.Road, Tirupati. ..... RESPONDENT 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 writ order or direction in the writ more or particularly one in the nature or WRIT OF MANDAMUS declaring the action of the respondent in issuing proceedings No.R.O.C. No.DA3/1058/97 dt.24.8.2000 is illegal, arbitrary and setaside the proceedings R.O.C.No.DA3/1058/97 dt.24.8.2000 and consequently direct the respondent to reinstate the petitioner in service and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of principals of natural justice. Counsel for the Petitioner : Mr.G.VIDYASAGAR Counsel for the Respondent : SMT.V.MEENAKSHI The Court made the following : ORDER: The Writ Petition has been filed by the petitioner, V.K.Prasad, under Article 226 of the Constitution of India, seeking a writ of Mandamus to declare the action of the respondent in issuing order dated 24.08.2000 in proceedings No.R.O.C.No.DA3/1058/97, is illegal and consequently direct the respondent to reinstate the petitioner in service. 2. The brief facts are that the petitioner was appointed as a Unit Worker on 27.07.1986 on N.M.R. basis and when the petitioner and three others were found remaking Laddus into smaller ones and selling the same to pilgrims, he and those three others were kept under suspension on 07.01.1997. Thereafter, a regular charge sheet was issued and an Enquiry Officer was appointed. During the course of enquiry, it appears that the petitioner was reinstated into service. However, on the basis of the Enquiry Officer’s report, the petitioner was removed from service by proceedings dated 24.08.2000. The same, as stated supra, is under challenge in this writ petition. 3. Heard both sides. 4. It is mainly contended by the learned counsel for the petitioner that in so far as the other three persons are concerned, though the charge is one and the same and the Enquiry Officer’s report also is to the effect that they are also responsible in remaking the Laddus, the disciplinary authority, for obvious reasons, had imposed a penalty of deferment of increment with cumulative effect for a period of three years on those three persons. In appeal, the said punishment also was set aside. However, as the petitioner was working on N.M.R. basis, the authorities have taken a different stand and imposed the penalty of removal from service. 5. No doubt, the said act of remaking of Laddus and selling the same to pilgrims who visit the Tirumala Tirupati Devasthanam is to be dealt with seriously. But however, there cannot be different yardsticks in imposing the punishments. When those three persons, who are also accused of having committed the very same offence are let of, it is not known as to why the petitioner alone shall suffer the said major penalty. 6. For the above reasons, this Court takes a lenient view and directs the respondent Tirumala Tirupati Devasthanam to reinstate the petitioner into service as a fresher on N.M.R. basis. 7. Accordingly, this petition is disposed of with a direction to the respondent to reinstate the petitioner into service as fresher on N.M.R. basis. In so far as the period during which he is not in service, i.e., from 24.08.2000 the date of removal to the date of reinstatement, is concerned, pursuant to the orders passed by this Court, the said period may be taken into account for the purpose of seniority and retirement benefit only. There shall be no order as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 23rd July, 2009 KL/KSH