IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.9945 OF 2011 Date:21-04-2011 Between:- Siddiqui aided schools committee, Sirivel, rep.by its President K.J.Saheb Basha Siddiqui .. Petitioner And The State of A.P. rep.by its Secretary, Education Department, Hyderabad and others. .. Respondents ORDER: This Writ Petition is filed to issue a writ of mandamus to declare the inaction of respondent Nos.1 and 2 in according permission to the petitioner to exercise powers of the administrative and disciplinary control over its employee, respondent No.3 herein, as illegal and arbitrary and violative of Section 79 of the A.P. Education Act, 1982 (for short, ‘the Act’) and consequently, direct respondent Nos.1 and 2 to give permission to the petitioner as contemplated under Section 79 of the Act. 2. The brief facts may be stated as follows: Respondent No.3 is working as Second Grade Teacher in petitioner school. Wife of respondent No.3 lodged a complaint on 11.02.2008 in Nandikotkur Police Station, and the same was registered as Crime No.18 of 2008 for the offences under Sections 498-A of the Indian Penal Code, 1860 and 3 & 4 of the Dowry Prohibition Act, 1961. Respondent No.3 went on medical leave for ten days and was arrested on 29.02.2008 in the said Crime. Respondent No.3 extended his medical leave from 06.03.2008 to 15.03.2008 by telegram while he was in judicial custody. The management came to know about the arrest and judicial custody of respondent No.3 only when the police informed them on 12.03.2008. The wife of respondent No.3 gave a representation to the Correspondent stating that respondent No.3 was harassing her for dowry and necked her out of the marital home and married another woman without her knowledge and that when she gave a complaint to the police, respondent No.3 came to her parent’s house and threatened her to withdraw the complaint. Pursuant to the information given by the police and the representation of the wife of respondent No.3, respondent No.3 was suspended, vide orders of the Correspondent, dated 13.03.2008. Challenging the same, respondent No.3 filed W.P.No.7519 of 2008 before this Court, which was disposed of, at the admission stage, directing the respondents to pass orders on the representation to be made by respondent No.3 regarding his suspension, and to pay subsistence allowance during suspension. Respondent No.3 made a representation, dated 06.10.2008, seeking to revoke his suspension. The Management appointed one M.Shaik Ahmad, School Assistant, to conduct enquiry. The Management addressed respondent No.2 seeking clarification regarding the payment of subsistence allowance to the employees who are suspended for involvement in criminal cases and further requested to accord permission to pay subsistence allowance if he is eligible. But there is no response from respondent No.2. The Enquiry Officer conducted enquiry and submitted report on 10.11.2009 holding the charges as proved. On receipt of the Enquiry Report, the management issued show cause notice, dated 16.11.2009, to respondent No.3 calling for his explanation. Respondent No.3 filed C.C.No.1470 of 2009 alleging contempt for non payment of subsistence allowance and the same is pending. Respondent No.3 admitted the offence of bigamy in his explanation. Therefore, the management sent proposals to respondent No.2 for removal of respondent No.3. So far, no orders have been passed on the proposals of the petitioner. The petitioner, who is President of petitioner committee, paid Rs.45,000/- in two instalments towards subsistence allowance. Respondent No.3 is pressing the Contempt Case against him for non payment of subsistence allowance and respondent No.2 is not passing any orders on the proposals of the management. The petitioner sent five reminders to respondent No.2 and requested to pay his salary from 14.01.2010 and subsistence allowance from the date of suspension to 13.01.2010. So far, no orders were passed by respondent No.2. The management sent subsistence allowance bill to respondent No.3 on 09.03.2011, as the Management was not permitted to take disciplinary action or claim subsistence allowance. Hence, the Writ Petition. 3. Heard both sides. 4. The President of Siddiqui Aided Schools Committee, Sirivel, Kurnool District, addressed a letter to respondent No.2-D.E.O., vide Rc.No.7/2008, dated 14.01.2010, requesting him to approve the proposals sent by them and also the resolution of the petitioner’s management to remove respondent No.3 from service in the interest of society. So far, respondent No.2 has not passed any orders on the said proposal. Respondent No.2, District Educational Officer, Kurnool District, is the competent authority to agree or disagree with the findings of the petitioner’s Committee and take appropriate decision in accordance with the rules and regulations. Therefore, appropriate decision has to be taken by the respondent No.2 on the said proceedings. 5. The writ petition is, accordingly, disposed of with a direction to respondent No.2 to take suitable decision and pass appropriate order on the letter Rc.No.7/2008, dated 14.01.2010, of the petitioner’s management, within a period of six (6) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 21st April, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.9945 OF 2011 Date:21-04-2011 AMD