IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 8336 of 1996 Between: P.Laxminarayana, S/o. P.Venkaiah. R/o. 3-5-235, Ranganayakulapeta, Khammam. ..... PETITIONER AND 1 The President, State Consumer Forum, Khairtabad, Hyderabad. 2 The Registrar, State Consumer Forum, Khairtabad, Hyderabad. 3 1 District Consumer Forum, Khammam. 4 P.Venkateshwarulu, S/o. Poola Reddappa. O/o. The District Consumer Forum, Karimnagar. .....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 issue a writ, order or direction essentially in the nature of writ of certiorari by calling for the records pertaining to the proceedings contained in ROC.No. SC/95-96 dated 26/07/1995 proceedings ROC.No. 985/SC/95-96, dated 12/10/1995 and proceedings ROC.No. 864/SC/95- 96 dated 26/07/1995 issued by the Respondent No. 1 herein, and set them aside as illegal, arbitrary, unconstitutional, without jurisidcition and violative of Articles 14, 16 and 21 of the Constitution of India consequently hold that the petitioner herein is entitled to be converted into Full time Sweeper cum Chowkidar in the Khammam District Consumer Forum, with all consequential benefits such as Arrears of Salary, Seniority and Promotion etc., and pass Counsel for the Petitioner:MR.P.R.PRASAD Counsel for the Respondent : MS.S.TRIPURA SUNDARI FOR R GP FOR CIVIL SUPPLIES FOR R MR.R.S.MURTHY FOR R THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.8336 OF 1996 O R D E R The petitioner challenges the Proceedings bearing ROC No.864/SC/95-96 dated 26.07.1995 passed by the President, A.P. State Consumer Disputes Redressal Commission, Hyderabad, (for brevity, ‘State Commission’) discontinuing his services as a part-time Sweeper in the District Forum, Khammam; the Proceedings bearing ROC No. No.___/SC/95-96 dated 26.07.1995 passed by the President, State Commission, appointing the 4th respondent as a full-time Sweeper-cum- Chowkidar in the District Forum, Khammam, on a regular scale of pay and the subsequent Proceedings bearing ROC No.985/SC/95-96 dated 12.10.1995 passed by the President, State Commission, transferring the 4th respondent from the District Forum, Khammam to the District Forum, Karimnagar. The petitioner was appointed as a part-time Sweeper in the District Forum, Khammam, by the President, State Commission, by order dated 19.11.1993. Thereafter, the Government of Andhra Pradesh promulgated G.O.Ms.No.221, Food and Civil Supplies (CS.III) Department, dated 28.04.1995 sanctioning additional staff to all the District Fora in the State and the said G.O. specifically provided for conversion of the existing part- time Sweeper post into a full-time Sweeper-cum-Chowkidar which was to carry the usual scale of pay and allowances as applicable to the equivalent post in Government Departments. It is the grievance of the petitioner that instead of giving him the benefit of the said conversion, the President of the State Commission resorted to termination of his services and brought in the 4th respondent in his place and thereafter transferred him to the District Forum, Karimnagar. All the aforestated proceedings are subjected to challenge in the writ petition. Sri Gururaj Joshi, learned counsel representing Sri Karanam Ramesh, learned counsel for the petitioner, contended that the order dated 26.07.1995 passed by the President of the State Commission discontinuing the services of the petitioner was punitive in nature and the same was passed in utter violation of the principles of natural justice. However, a reading of the said order dated 26.07.1995 discloses that reference is made therein to the Report of the President of the District Forum, Khammam, the explanation of the petitioner and also the explanation of one other Attender from the District Forum, Khammam. It appears that it was on the basis of these three proceedings referred therein that the order dated 26.07.1995 was passed discontinuing the services of the petitioner. This fact is supported by the counter-affidavit filed on behalf of respondents 1 to 3 in this writ petition. It is stated therein that the President of the District Forum, Khammam, sent a report to the State Commission that the petitioner was not attending to his duties from the date of his appointment. Various other aspects pertaining to the irregular conduct of the petitioner were also adverted to. It appears that basing upon the report submitted by the President of the District Forum, Khammam and the explanation of the petitioner and the explanation of the other Attender from the District Forum, Khammam, the impugned proceedings dated 26.07.1995 were passed by the President of the State Commission discontinuing the petitioner’s services with immediate effect. In the consequent vacancy, the 4th respondent was brought in by the proceedings of the same date passed by the President of the State Commission and he was thereafter subjected to transfer to Karimnagar District. Once the petitioner was terminated from service by following the due procedure laid down by law adhering to the principles of natural justice, as is evident from a reading of the impugned proceedings dated 26.07.1995 and also the counter-affidavit filed herein, he can have no grievance with regard to the appointment of the 4th respondent in the consequential vacancy or his transfer thereafter. Though the learned counsel for the petitioner vehemently contended that his client had not received any notice and that his termination from service was in violation of the principles of natural justice, no averment has been made in the affidavit attacking the recitals in the impugned order dated 26.07.1995 referring to the petitioner’s explanation. No reply has been filed to the counter filed by respondents 1 to 3. In such a situation, the inevitable inference that has to be drawn is that the petitioner was discontinued from service after due consideration of his explanation with respect to the report submitted by the President of the District Forum, Khammam. There is no apparent violation of the principles of natural justice as alleged by the learned counsel for the petitioner. I therefore find no illegality or defect in the impugned proceedings discontinuing the petitioner from service or the subsequent proceedings appointing the 4th respondent in his place, and thereafter transferring him to Karimnagar. No ground is made out warranting interference by this Court in exercise of its Certiorari jurisdiction with the orders impugned in this writ petition. The writ petition is devoid of merit and is accordingly dismissed. No costs. -------------------------- SANJAY KUMAR,J 30th JULY, 2009 PGS / VGSR