HONOURABLE SRI JUSTICE B. PRAKASH RAO AND HONOURABLE SRI JUSTICE P. SANJAY KUMAR WRIT APPEAL No. 1802 OF 2002 ORDER: ( Per Hon’ble Sri Justice B. Prakash Rao) Heard the learned Counsel for the appellant and the learned Government Pleader appearing on behalf of the respondents. This Writ Appeal arises out of the order dated 26-09-2002 passed by the learned Single Judge dismissing Writ Petition No. 883 of 1999 at the admission stage, wherein, the appellant/petitioner challenged the order of the second respondent dated 14-4-1998 removing him from service. The appellant/petitioner was initially appointed as a single teacher on daily wage basis and subsequently, pursuant to the order of this Court, his services were regularised in the order dated 6-8-1997 and posted to Tribal Welfare Primary School, Guttalagangaram (V) of Eturunagaram Mandal. On a surprise visit of the said school, the villagers reported the second respondent that the appellant/petitioner was not attending the school since August, 1997. The second respondent verified the said fact and it was noticed that the appellant/petitioner did not even submit any leave letter. Therefore, second respondent passed the order dated 14-4-1998 removing the petitioner from service. The learned Single Judge having found that the appellant/petitioner remained absent from the date of appointment and even failed to inform the authorities concerned, dismissed the writ petition at the admission stage. The order dated 14-4-1998 passed by the second respondent, removing the appellant/petitioner from service, reads as follows: “During the surprise visit of the Project Officer and District Tribal Welfare Office along with the other Sectoral Officers to Guttalagangaram on 13-4-1998, the villagers have reported that Sri Md. Noorullah, Apprentice teacher of TWPS, Guttalagangaram is not attending the duties since August, 1997. Sri Md. Noorullah was appointed recently as per the orders of the Honourable high Court, Andhra Pradesh, Hyderabad and posted to TWPS, Guttalagangaram. As per the report of the villagers it is shown that the said teacher Sri Md. Noorullah was not attending the school in a single day since his appointment and he is leaving the s chool and children at their fate and wondering at large. It is deleterious and hindrance to progress of education in single teacher school, which is in very remote area and pertaining to the Tribal and it is very highly objectionable. The services of this type of teacher is not required to this Agency area due to his unauthorised absent from duty. In the circumstances and in exercise of the powers by Sub- rule (8) of Rule 9 of the Andhra Pradesh Civil Service (CCA) Rules 1991, Sri Md. Noorullah, apprentice teacher is hereby removed from the services in public interest with immediate effect due to his unauthorised absent from duty.” From the above it is apparent, that the appellant/petitioner was absent on 13-4-1998, on which date, the second respondent made surprise visit to the school. The appellant/petitioner said to have been removed from service on the allegation made by the villagers that he remained absent since August 1997 and the removal order was passed straightaway. Before passing the order of removal, no enquiry was conducted nor any opportunity was provided to the appellant to show cause as to why he was absent to the duty. The order of removal came to be passed straightaway without providing an opportunity of being heard to the appellant/petitioner, which amounts to violation of principles of natural justice. Therefore, the order of removal dated 14-4-1998 does not sustain in the eye of law. In that view of the matter, the order of removal dated 14-4-1998 is set aside and consequently, the Writ Petition stands allowed. Accordingly, the Writ Appeal is allowed. However, it is open for the respondents to provide an opportunity of being heard to the appellant/petitioner in the enquiry to be conducted and pass appropriate orders in accordance with law. No order as to costs. ---------------------------- JUSTICE B. PRAKASH RAO ----------------------------- JUSTICE P. SANJAY KUMAR Dated 22nd September, 2009. Msnr.