THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.28708 of 2008 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the first respondent in dismissing the petitioner from service through proceedings dated 3.10.2008 in File No.MEC/B-6/08-09 as unconstitutional and violative of Section 79 of A.P. Education Act, 1982 and consequently direct the first respondent to act in accordance with law. It appears, petitioner while working as Lab Technician in the first respondent college was proceeded with departmentally on certain allegations of misconduct and ultimately he was dismissed from service by order dated 3.10.2008. Being aggrieved by the same, he filed the present writ petition seeking to challenge the impugned order on the ground that the first respondent has not taken approval from the competent authority as required under section 79 of A.P. Education Act (for short ‘Act’), therefore the dismissal order does not stand to scrutiny of law. While admitting the writ petition, interim suspension as prayed for was granted on 9.11.2009 and the petitioner was reinstated into service and working as such. In the meanwhile, it appears, the first respondent-management sought approval of dismissal of petitioner from service under Section 79 of Act. The competent authority while examining the issue found that the management had not followed Rule 7(2) of A.P. Private Institutions Employees Disciplinary Control Rules, 1983 (for short ‘Rules’) issued in G.O.Ms.No.467 Education (R) dated 3.11.1983 of A.P. Education Act, 1982, which is a pre-requisite condition before imposing penalty of dismissal of an employee from service and thus found that the very appointment of enquiry officer was bad in law, therefore permission to impose penalty of dismissal was rejected. However, liberty was given to the respondent-management to proceed with disciplinary proceedings from the stage of issuance of charges and they can if so advised against the delinquent-employee by appointing enquiry officers as per law, duly following the procedure as prescribed under Rule 7(2) of the Rules. In pursuance of the same, a fresh charge sheet was issued and the petitioner filed W.P.M.P.No.15526 of 2010 and obtained stay of the same. Now a vacate stay petition is filed seeking to vacate the order. Heard both sides and perused the impugned order and other material made available on record. The learned counsel for petitioner strenuously contended that while rejecting approval on 31.12.2009, the competent authority ought not to have permitted the respondent-management to proceed with the matter from the stage of charge sheet again and conduct enquiry, which is not within the purview of the competent authority. I am afraid, I cannot agree with the said submission made by the learned counsel for petitioner. When the approval is to be granted under Section 79 of the Act, the competent authority is expected to examine the reasons and the procedure followed by the respondent- management while dealing with the delinquent-employee. In a given case, if there is any lacuna, the competent authority may reject the approval. In this case exactly, it was found that under Rule 7(2) of the Rules, an incompetent person was appointed as enquiry officer and therefore, approval was rejected giving liberty to the respondent- management to proceed with disciplinary proceedings from the stage of issuance of charges. In view of the same, I am of the opinion that the impugned order is liable to be set aside. In the result, the writ petition is allowed and the impugned order is set aside. However, this will not preclude the respondent- management from proceeding with the matter, as per law as indicated by the competent authority. There shall be no order as to costs. ______________ C.V.RAMULU, J Date: 29.6.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.28708 of 2008 29.6.2010 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.28708 of 2008 Date: 29th June, 2010 Between: C.Bhagat Simha .. Petitioner And M.V.S.R. Engineering College, Nadergul, Hyderabad and another. .. Respondents