IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 16922 of 2009 Between: Mr. P. Venkat Rao, S/o. Krishna Murthy, Inkollu Group of Temples, Inkollu, Prakasam District. ..... PETITIONER AND 1 The Commissioner, Endowments Department, Government of A.P Boggulakunta, Hyderabad. 2 The Deputy Commissioner (G), Endowments Department, O/o. Commissioner of Endowments, Government of A.P Boggulakunta, Hyderabad. 3 The Assistant Commissioner Endowments Department Ongole, Prakasam District. 4 Sri Nageswara Swamy Temple Sri Audigeswara Swamy Temple & Sri Nageswara Swamy Temple, Kothapatnam Village and Mandal, Prakasam District, Rep. by its Executive Officer. .....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 issue an appropriate writ order or direction more particularly one in the nature of writ of Mandmaus i) declaring the proceeings Rc. No. E3/40225/2008 dt. 16-6-2009 of the 1st respondent as illegal, and without jurisdiction (ii) declare the proceedings Rc.No. 1/2009 dt. 3-8-2009 of the 4th Respondent as illegal, and arbitrary and consequently set aside the above proceedings of the Respondent No.1 and 4 to grant such other relief or reliefs Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.16922 OF 2009 ORDER : The petitioner herein who joined the Inkollu Group of Temples, Inkollu, Prakasam District, in the year 1985 as Junior Assistant was converted as the Manager in the year 2001. On such conversion he was posted to Kothapatnam and Konigedu Group of Temples. However by order dated 20.07.2005 he was placed under suspension, which was subsequently raised on 7.10.2005. On reinstatement, he was posted to Ethamukkala Group of Temples as Manager pending disciplinary enquiry. After completing enquiry, by order, dated 31.5.2008, the petitioner was imposed the punishment of stoppage of three annual grade increments with cumulative effect. Subsequently, in June, 2008, the petitioner was repatriated to Inkollu Group of Temples to work as Junior Assistant. While so, pursuant to the proceedings of the Deputy Commissioner (G), dated 16.6.2009, the order of punishment dated 31.5.2008 was kept in abeyance. In spite of the same, in the seniority list of temple employees, in which the petitioner was shown at Sl.No.1, an endorsement was made as to the punishment imposed and his repatriation as Junior Assistant. On the basis of the said endorsement, the petitioner’s candidature was not considered for appointment by transfer to the post of Executive Officer Gr.III and vide proceedings dated 15.7.2009 his juniors were promoted to the post of Executive Officer Gr.III by transfer. Aggrieved by the same, the petitioner filed W.P.No.14766 of 2009. This Court while issuing rule nisi, by order dated 23.7.2009 directed the respondents to consider the case of the petitioner also for promotion along with other eligible and suitable employees. It is alleged that instead of complying with the order of this Court dated 23.7.2009, the 4th respondent issued the impugned proceedings dated 3.8.2009 framing charges against the petitioner for the alleged irregularities while working as the Manager of the Kothapatnam Group of Temples and placing him under suspension pending finalisation of the disciplinary enquiry. Aggrieved by the same, this writ petition is filed seeking a declaration that the proceedings of the 1st respondent – Commissioner of Endowments - dated 16.6.2009 as well as the proceedings of the 4th respondent dated 3.8.2009 are illegal and without jurisdiction. While alleging that the impugned order of suspension dated 3.8.2009 was solely issued in compliance with the directions of the 1st respondent in his proceedings dated 16.6.2009, it is contended by the petitioner that the order of suspension which was emanated from the directions of an authority who has no jurisdiction, is liable to be declared as illegal and void. As held by this Court in N.R. MURTHY v. SHRI VEERABHADRA SWAMY TEMPLE, BONTHUPALLY, MEDAK[1], the 1st respondent has no jurisdiction to initiate disciplinary proceedings and the Trustee or Board of Trustees or the Executive Officer, as the case may be, of the temple alone is competent to take disciplinary proceedings against the temple employees and the temple employees who are discharging the functions of the Executive Officer in accordance with Office Holders and Servant Punishment Rules, 1987. Having regard to the said decision, the order of punishment dated 31.5.2008 passed by the 1st respondent was kept in abeyance and thereafter the impugned order of suspension dated 3.8.2009 has been issued by the Executive Officer. It is true that the said order refers to the proceedings of the Commissioner dated 16.6.2009 in which there was a direction to take disciplinary action against the petitioner. However, a perusal of the impugned order dated 3.8.2009 shows that the petitioner was placed under suspension on application of mind to the alleged omissions and commissions committed by the petitioner during his tenure as Manager of Kothapatnam Group of Temples and it is not as if the 4th respondent has merely obeyed the directions of the 1st respondent without going into merits of the case. In the circumstances, the impugned order cannot be held to be without jurisdiction on any ground whatsoever. Hence, the interference by this Court is not warranted and accordingly the Writ Petition is dismissed leaving it open to the 4th respondent to proceed with the enquiry initiated against the petitioner following due process of law and conclude the same as expeditiously as possible preferably within a period of six (6) weeks from the date of receipt of this order. No costs. ______________ G. ROHINI, J. Dt. 21.08.2009 gbs [1] 2008 (3) ALD 372 (FB)