IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.20663 OF 2011 Date:22.07. 2011 Between:- K.Deenabandhu .. Petitioner And The Regional Joint Director, Education Department, Kakinada and others. .. Respondents THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.20663 OF 2011 ORDER: This writ petition is filed seeking to issue a writ of Mandamus declaring the action of respondent Nos.1 to 6 in not taking any action against respondent No.7 as illegal and arbitrary, further direct respondent Nos.1 to 4 to take necessary departmental action against respondent No.7, and also direct respondent Nos.5 and 6 to take action against respondent No.7 by registering a case strictly in accordance with the provisions of Criminal Procedure Code, basing on the written complaint lodged by Gokarnapuram Villagers on 23.04.2011 and also recover the amounts misappropriated from the public funds. 2. The petitioner applied to the post of Vidya Volunteer of Madhupuram Village for the academic year 2010-11 under the Rajeev Vidya Mission, but his application was rejected by the concerned authorities. No Vidya Volunteer was appointed in the said place. The State Government issued certain guidelines, dated 10.06.2010, for appointment of Vidya Volunteers. Respondent No.7 is working as Head Master, Zilla Parishad High School, Kanchili for the last five years and he was given full Additional Charge as Mandal Educational Officer, Kanchili Mandal since August, 2010 and he is working as such. Respondent No.7 committed several irregularities in the appointments to the posts of Vidya Volunteers. The petitioner made a representation, dated 12.04.2011, to the mandal authorities against respondent No.7 requesting them to furnish details with regard to the appointment of Vidya Volunteers in Madhupuram M.P.P. School for the academic year 2010-2011. The United Teachers Federation, Kanchili Mandal Unit also made a representation, dated 22.04.2011, to respondent Nos.1 to 4 to take necessary action against respondent No.7 by preventing him from misusing the public funds. A preliminary enquiry was conducted in the office of Mandal Resource Center, Kanchili by an officer, who was deputed by respondent No.4. During the course of enquiry, several Head Masters of various schools at Kanchili Mandal gave written statements stating that no Vidya Volunteers have been working in their respective schools for the academic year 2010-2011. The Village Sarpanch, Gokarnapuram Gram Panchayat and 50 others gave a written complaint, dated 23.04.2011, to the Circle Inspector of Police, Sompeta and the Sub Inspector of Police, Kanchili (respondent Nos.5 and 6) stating that respondent No.7 has drawn the salary in the name of one K.Rajesh against the Vidya Volunteer Post. With a view to provide better education to the students belonging to their village, they are collecting donations from the public and appointing private teachers for imparting education to their students. In respect of that school also, respondent No.7 has drawn amount in the binami name of K.Rajesh, but no person by name K.Rajesh was appointed in that school. So, the Sarpanch and other villagers requested the police to take necessary action against respondent No.7 and K.Rajesh, who supported in drawing the amounts in benami names, by registering criminal case for mis-appropriation of Government funds and misusing the official position. The petitioner gave a complaint, dated 09.05.2011, to respondent Nos.2 to 4 to this effect and requested to remove respondent No.7 from his post. Though in the preliminary enquiry, it was brought to the notice of the preliminary enquiry officer with regard to the binami appointments made to the posts of Vidya Volunteers in Kanchili Mandal, no action has been taken by respondent Nos.1 to 4, nor on the complaints given by the villagers of Gokarnapluram Village and Madhupuram Village and also by the petitioner. One Yadla Bhaskar Rao, who is working as Computer Operator at Sompeta Mandalam, was shown as appointed as Vidya Volunteer at M.P.P. School, Chinna Kojjiria and M.P.U.P. School, Kesaripada Village, and has drawn the salary. A perusal of the statement furnished by the M.P.D.O., shows that One Y.Bhaskara Rao is working as Computer Operator, but a perusal of the abstract clearly shows the appointment of dummy vidya volunteers in Kanchili Mandal, Srikakulam District and the particulars of salaries drawn in their name. Respondent No.7 allowed the benami candidates to draw the salaries under the scheme of Vidya volunteers and the amounts were misappropriated by him. Respondent No.7 is also indulged in various unlawful activities and drawn huge amounts from the public exchequer from State Bank of India Branch, Sompeta and misappropriated the same. Though a complaint, dated 23.04.2011, was lodged, no action has been taken by the police in registering a case and failed to arrest him. Respondent No.7 is misappropriating the public funds and committing public mischief. A detailed enquiry for the irregularities committed by respondent No.7 is warranted and he is liable for criminal prosecution besides recovery of the public funds from him. Hence, the writ petition. 3. Heard. 4. The petitioner made a complaint, dated 09.05.2011, to respondent Nos.2 to 4 alleging certain irregularities committed by respondent No.7. Whether respondent No.7 has committed any misconduct or irregularities while discharging his duties or not has to be decided by the District Educational Officer-respondent No.3, who is the disciplinary authority for initiating disciplinary proceedings against respondent No.7. Therefore, respondent No.3 is directed to make an enquiry and take appropriate decision in accordance with law on the complaint, dated 09.05.2011, of the petitioner with regard to the alleged misconduct committed by respondent No.7 within a period of six (6) weeks from the date of receipt of a copy of this order. 5. With the above direction, the Writ Petition is disposed of. Notice is not being sent to respondent No.7, as no adverse order is passed against him. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 22nd July, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.20663 OF 2011 Date:22.07.2011 AMD