IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15125 of 2008 Between: Mohd.Mahamood S/o. Chote Ahmed Hussain Warangal Municipal Corporation, Warangal, Warangal District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad. 2 Warangal Municipal Corporation, Warangal, Warangal District, rep. by its Commissioner. .....RESPONDENT(S) 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 to issue a writ, order or direction particularly one in the nature of Writ of Mandamus or any other Writ by declaring the order dated 10.7.2008 in G.O.Rt.No.986 Municipal Administration and Urban Development (Elec.II) Department, passed by the 1st rerspondent by placing the petitioner under suspension as a Corporator Ward No.23, Warangal Municipal Corporation, Warangal as illegal, arbitrary and violative of Principles of natural Justice and consequently to set aside the aforesaid orders, and pass such other order or orders. Counsel for the Petitioner: MR.N.SUBBA REDDY Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : O R D E R: This Writ Petition has been ﬁled by Mohd.Mahamood assailing the action of 1st respondent-Principal Secretary, Municipal Administration and Urban Development Department, Hyderabad in keeping him under suspension as Corporator of Ward No.23, Warangal Municipal Corporation. An incident occurred in the chambers of the Commissioner, Municipal Corporation of Warangal, Warangal on 17.6.2008. The petitioner stated to have addressed the Commissioner as ‘NUVVU’ and abused him that his predecessor in oﬃce who happened to be a lady did things better than him. The Commissioner, Municipal Corporation of Warangal, Warangal reported the matter to the District Collector, Warangal. Thereupon the District Collector, Warangal forwarded the report to the Government. The Government issued a show cause notice in Memo No.10404/A/2/2008-1, dated 20.6.2008 to the petitioner calling for his explanation as to why he should not be suspended as a Corporator of Ward No.23 of Warangal Municipal corporation as under sub-section 2 of Section 679 AA of the Hyderabad Municipal Corporation Act, 1955. The petitioner submitted explanation. The Government considered the explanation and ordered for enquiry. The Joint Collector conducted enquiry and submitted report. The 1st respondent considered the explanation of the petitioner and also the enquiry report of the District Collector, Warangal and proceeded to suspend the petitioner as a Corporator of Ward No.23, Warangal Municipal Corporation vide G.O.Rt.No.986 Municipal Administration and Urban Development (Elec.II) Department, dated 10.7.2008. The said government order is under challenge in this writ petition. Rule nisi came to be issued on 15-7-2008. 1st respondent ﬁled counter aﬃdavit. Sri.B.V.Subramanyam has sworn to the counter aﬃdavit. It is stated in the counter aﬃdavit that the petitioner also misbehaved with Deputy Commissioner in the year 1998. The conduct of the petitioner has been stated in the counter affidavit. Heard Sri.N.Subba Reddy, learned counsel appearing for the petitioner and learned Government Pleader for respondents. Learned counsel appearing for the petitioner submits that the language used by the petitioner against the Commissioner, Municipal Corporation of Warangal cannot be termed as unparliamentary language as provided under section 679 AA of Hyderabad Municipal Corporations Act, 1955 and therefore the order impugned in the writ petition is liable to be set aside. Learned Government Pleader appearing for the respondents submitted that the petitioner’s behaviour towards officials is to be condemned and the language used by the petitioner against the Commissioner connotes as unparliamentary language within the meaning of Sec.679AA of Hyderabad Municipal Corporations Act, 1955. He also contended that the conduct of the petitioner on earlier occasions has also been taken into consideration while keeping him under suspension as a Corporator. I have gone through the order impugned in the writ petition and also the counter aﬃdavit ﬁled by 1 st respondent. The 1st respondent has taken into consideration the enquiry report submitted by the District Collector, Warangal. The words used by the petitioner against the Commissioner as NUVVU and comparison of the performance of the present Commissioner with his predecessor as AADA COMMISSIONER CHESINATTU KUDA NUVVU CHEYALEDU. The words uttered by the petitioner cannot be termed as unparliamentary within the meaning of section 679 AA of Hyderabad Municipal Corporations Act, 1955 as made applicable to Warangal Municipal Corporation. However, the way in which he addressed the Commissioner is to be deprecated and the conversation he made with the Commissioner comes within the ambit of ill-temperate one. Therefore, the order impugned in the writ petition cannot be sustained and it is hereby set aside. However, the learned counsel appearing for the petitioner submits that the petitioner is prepared to tender written apology with regard to the incident occurred in the Chambers of the Commissioner, Municipal Corporation of Warangal. In that view of the matter, I direct the petitioner to tender his unconditional written apology to the Commissioner, Municipal Corporation of Warangal, Warangal. In the result, this writ petition is allowed. 19th August, 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.15125 OF 2008 19TH AUGUST, 2008.