IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWELTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 276 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 05/02/2009 in WP NO : 15097 OF 2008 on the file of the High Court.) Between: 1 Government of A.P. rep. by its Principal Secretary, Social Welfare Department, Secretariat, Hyderabad. 2 The Collector and Chairman, Prakasam District Scheduled Caste Co-operative Finance Corporation Limited, Ongole, Prakasam District. 3 A.P. Scheduled Caste Finance Corporation, rep. by its Managing Director, Hyderabad. 4 Prakasam District S.C. Co-op. Society Limited, rep. by its Executive Director, Ongole, Prakasam District. ..... APPELLANT(S) AND Jagannadham Murali Mohan S/o.Isreal S.C. Corporation, Pragathi Bhavan, Ongole Town, Prakasam District. .....RESPONDENT Counsel for the Appellant:MR.M.GANGA RAO Counsel for the Respondent No.: MR.PALLENAGESWAR RAO The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 276 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) This writ appeal is filed against order dated 5.2.2009 in W.P.No.15097 of 2008, whereby the learned single Judge set aside the proceedings in E1/108/07, dated 20.6.2008, issued by the 2nd respondent. Respondent herein, who is the writ petitioner filed the above writ petition seeking to quash the proceedings in E1/108/07, dated 20.6.2008, issued by the 2nd respondent and consequently, direct the respondents-appellants to continue the petitioner as computer operator in the office of the 4th respondent including regularization of his services. The learned single Judge having observed that the proceedings impugned came to be issued basing on some news items published in EENADU Telugu News daily, dated 28.8.2007 and the petitioner was not put on notice to the imputations made against him and therefore, the order impugned is in utter violation of the principles of natural justice, allowed the writ petition setting aside the order impugned in the writ petition. Having aggrieved by the same, the respondents-authorities have preferred the present writ appeal. Heard the learned counsel on either side and the perused the entire material available on record including the order impugned. It is the contention of the learned counsel appearing on behalf of the respondents-appellants authorities that as a matter of fact, the writ petitioner was engaged on contract basis and that the term of contract has already elapsed and as such, the question of conducting any enquiry or issuing any show cause notice, does not arise. Therefore, the order of the learned single judge is liable to be set aside. On the other hand, it is contended by Sri Kasi Nageswararao, learned counsel representing Sri Palle Nageswararao, the learned counsel appearing on behalf of the writ petitioner that the petitioner has been working in the office of the 4th respondent for the last more than 11 years and the 2nd respondent issued the order impugned removing the services of the petitioner in the absence of any enquiry or at least any show cause notice. Therefore, the order of the learned single is justified and the same deserves to be confirmed. Before going into the merits of the case, it can be said that the fact that remains undisputed is that the petitioner has been working in the office of the 4th respondent since about one decade. There is also no dispute that neither any show cause notice has been issued nor any enquiry has been conducted before passing the order impugned. In this background of the matter, We feel that the learned single Judge is justified in setting aside the order impugned therein. Hence, this writ appeal is devoid of merits and the same is liable to be dismissed. Accordingly, this writ appeal is dismissed. No costs. ________________________ Justice T. Meena Kumari ______________________________ Justice C.V. Nargarjuna Reddy Dated: 12th February, 2009 gurc. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO :276 of 2009 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 12th March, 2009