IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K.MANMADHA RAO WRIT PETITION Nos: 8530,13022 and 13362 of 2024 WRIT PETITION NO: 8530 OF 2024 Between: Dr G A Augustine Raj, S/o. Yesaiah, aged about 48 years, R/o. 24-73-2, Campbell Hospital Quarters, Jammalamadugu, Kadapa District- 516434. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Medical and Health Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Guntur District. 2. District Medical and Health Officer, Kadapa, Kadapa District. 3. The Rt. Rev. Dr. Peyyala. Isaac Vara Prasad, S/o. (Late) Abraham, age 63 yrs. Bishop in CSI Rayalaseema Diocese, CSI Compound, Kadapa, Kadapa District 4. Rev. C. Ananda Rao, S/o. (late) Prabhudas, age 59 yrs. Pastor, CSI Town Church, Pulivendula, Kadapa District. 5. Dr. John Sudheer, S/o. (Late) Samuel, age 62 yrs. Secretary Holy Trinity Church, Aravind Nagar, Ananthapur, Ananthapur Dist. 6. Mr. M. David, S/o. Devaraj, age 59 yrs, SKD Colony, 6th Road, Adoni, Kurnool District. 7. Y.M. Johnson, S/o. Medasu Samuel, age 60 years. Bye pass road, Tadipatri, Ananthapur District. 8. Rev. PDSJ Benhar, S/o. (Late) Bhaskar, age 60 yrs. Pastor, CSI Holy Trinity Church, Ananthapur, Ananthapur District. 9. Rev. David Naik, S/o. G. Surya Naik, CSI Christ Church, Gooty Railway station, Ananthapur, Ananthapur District. Mr. P. Daniel, S/o. Soloman, age 62 yrs, Rtd Teacher, R/o. Prakash Nagar, Kadapa, Kadapa District. Church of South India, Rep by its Administrators, CSI Centre, No 5 Vyhites Road, Royapettah, Chennai- 600014. CSI Rayalaseema Diocesan Council, Rep by its Secretary Diocesan Council Office, CSI Central Compound , Kadapa. Central Board/ Executive Committee, Rep by its President /Bishop of the Diocese, Diocesan Council Office, CSI Central Compound, Kadapa. RR 11 to 13 are impleaded as per the Court order dt.19.08.2024 vide orders passed in I.A.No. 03 of 2024. M4; •*. 12 ,13. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus to declare the action of the central board/ may committee headed by the 3"'^ respondent in passing a resolution Dt.20-11- 2023 and appointing a executive sub-committee comprising of respondents 4 to 10 to examine and enquire into the alleged complaints and allegations recorded against the petitioner and submit a concrete report with all the findings, so as to initiate action against him as illegal, arbitrary, capricious, opposed to the principles of natural justice and violative of Chapter. VIII of the constitution of the Church of South India and Article.3 of Rayalaseema Diocese Article. 21 of the Constitution of India and stay all further proceedings of the sub-committee comprising of respondents 4 to 10 appointed by the central board/ executive committee headed by the 3'^'^ respondent. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3'^'^ respondent or the central board/ executive committee of the CSI Rayalaseema Diocese not to take any action against the petitioner or the institutions run by him in the interest of Justice pending disposal of the above writ petition. lA NO: 2 OF 2024 Between; The Rt. Rev. Dr. Peyyala. Isaac Vara Prasad, S/o. (Late) Abraham, age 63 yrs. Bishop in CSI Rayalaseema Diocese, CSI Compound, Kadapa, Kadapa District Rev. C. Ananda Rao, S/o. (late) Prabhudas, age 59 yrs. Pastor, CSI Town Church, Pulivendula, Kadapa District. Dr. John Sudheer, S/o. (Late) Samuel, age 62 yrs. Secretary Holy Trinity Church, Aravind Nagar, Ananthapur, Ananthapur Dist. Mr. M. David, S/o. Devaraj, age 59 yrs, SKD Colony, 6th Road, Adoni, Kurnool District. Y.M. Johnson, S/o. Medasu Samuel, age 60 years. Bye pass road, Tadipatri, Ananthapur District. Rev. PDSJ Benhar, S/o. (Late) Bhaskar, age 60 yrs. Pastor, CSI Holy Trinity Church, Ananthapur, Ananthapur District. Rev. David Naik, S/o. G. Surya Naik, CSI Christ Church, Gooty Railway station, Ananthapur, Ananthapur District. Mr. P. Daniel, S/o. Soloman, age 62 yrs, Rtd Teacher, R/o. Prakash Nagar, Kadapa, Kadapa District. 1. 2. 3. 4. 5. 6. 7. 8. ...Petitioner/Respondent No.3 to 6, 8, 9 & 10 AND 1. Dr G A Augustine Raj, S/o. Yesaiah, aged about 48 years, R/o. 24-73-2, Campbell Hospital Quarters, Jammalamadugu, Kadapa District- 516434. ...Petitioner/Respondent 2. The State of Andhra Pradesh, Rep by its Principal Secretary, Medical and Health Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Guntur District. District Medical and Health Officer, Kadapa, Kadapa District. 3. 4. Y.M. Johnson, S/o. Medasu Samuel, Aged 60 years. Bye Pass Road Tadipatri, Ananthapur, District ...Respondents/Respondents Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated.04.04.2024 in Wp.No.8530 of 2024. Counsel for the Petitioner: SRI M CHALAPATI RAO Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMILY WELFARE Counsel for the Respondents: SRI K.B. RAMANNA DORA WRIT PETITION NO: 13022 OF 2024 Between: Dr. G. A. Augustine Raj, S/o. Yesaiah, aged 48yrs, R/o. 24-73-2, Medical Superintendent of the CSI Campbell Hospital Campbell Hospital Quarters, Jammalamadugu, Kadapa District- 516434. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Medical and Health Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Guntur District. 2. District Medical and Health Officer, Kadapa, Kadapa District. 3. The Rt. Rev. Dr. Peyyaia. Isaac Vara Prasad, S/o. (Late) Abraham, aged 63 yrs. Bishop/ Chairman, CSI Rayalaseema Diocese, CSI Compound, Kadapa, Kadapa District. 4. Dr. Naveen, S/o. K. M. Chishtie, aged 67 yrs. Secretary, Medical Board CSI Rayalaseema DioceSe, Kadapa, Kadapa District. (Respondents 1 and 2 are formal parties) 5. Church of South India, Rep by its Administrators, CSI Centre, No 5 Whites Road, Royapettah, Chennai- 600014. F 6. CSI Rayalaseema Diocesan Council, Rep by its Secretary, Diocesan Council Office, CSI Central Compound , Kadapa. 7. Medical Board, Rep by its Secretary, Diocesan Council Office, CSI Central Compound, Kadapa. RR 5 to 7 are impleaded as per the Court Order dt.19.08.2024 vide orders passed in I.A.No. 02 of 2024. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly in the nature of writ of Mandamus declaring the constitution of the Medical Board by the Church of South India Rayalaseema Diocesan council in its 1st meeting held on 14*^ and 15*'^ of November, 2022 as illegal, arbitrary, without jurisdiction and violative of Clause 10 of Chapter VIII of the constitution of the Church of South India and Article 3 of CSI Rayalaseema Diocese Constitution and Article 21 of the Constitution of India and consequently declare all further actions of the above mentioned Medical Board including the issuance of notice Dt. 27-05-2024 calling for a meeting of the Medical Board on 02-07-2024 without any agenda being mentioned therein and sans any valid reason; lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Resporrdehts 3 and 4 not to conduct any meeting either on 02-07-2024 or on any other subsequent day pursuant to the Dt.27- 05-2024 notice or any other subsequent date pending disposal of the above writ petition. Counsel for the Petitioner: SRI M CHALAPATI RAO Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMILY WELFARE Counsel for the Respondents: SRI K.B. RAMANNA DORA WRIT PETITION NO: 13362 OF 2024 Between: Dr. G. A. Augustine Raj, S/o. Yesaiah, aged about 48 years, R/o. 24-73- 2, Medical Superintendent of the CSI Campbeli Hospital, Campbell Hospital Quarters, Jammalamadugu, Kadapa District- 516434. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Medical and Health Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Guntur District. 2. District Medical and Health Officer, Kadapa, Kadapa District. The Rt. Rev. Dr. Peyyala. Isaac Vara Prasad, S/o. (Late) Abraham, aged about 63 years. Bishop/ Chairman, CSI Rayalaseema Diocese, CSI Compound, Kadapa, Kadapa District. Rev. C. Solomon, S/o. Barnabas, aged about 52 years. Secretary Central Board/ Executive committee, CSI Rayalaseema Diocese, CSI Compound, Kadapa, Kadapa District. (Respondents 1 and 2 are formal parties) 5. Church of South India, Rep by its Administrators, CSI Centre, No 5 Whites Road, Royapettah, Chennai- 600014. CSI Rayalaseema Diocesan Council, Rep by its Secretary, Diocesan Council Office, CSI Central Compound , Kadapa. 7. Central Board/ Executive Committee, Rep by its President /Bishop of the Diocese, Diocesan Council Office, CSI Central Compound, Kadapa. ...Respondents RR 5 to 7 are impleaded as per the Court Order dt.19.08.2024 vide orders passed in I.A.No. 02 of 2024. 3. 4. 6. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the constitution of the Central Board / Executive committee constituted by the Church of South India Rayalaseema Diocesan council in its 1®‘ meeting held on 14*'^ and 15^^ of November, 2022 as illegal, arbitrary, without jurisdiction, violative of Clause 10 of Chapter VIII of the constitution of the Church of South India, Article 3 Clause (2) and Article 7-A of Rayalaseema Diocese constitution and Article. 21 of the Constitution of India and to declare the issuance of notice Dt.27- 05-2024 by the 4*^^ respondent/ Secretary of the Central Board/ Executive committee to hold a meeting on 05-07-2024 at the Diocesan office, Kadapa as illegal, arbitrary, without jurisdiction, violative of Clause 10 of Chapter VIII of the constitution of the Church of South India and Article 3 Clause (2) and Article 7-A of Rayalaseema Diocese constitution and stay all further proceedings pursuant to the above referred notice Dt.27-05-2024 to hold meeting of the Central Board/ Executive Committee on 05-07-2024. / lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 3 and 4 not to conduct any meeting either on 05-07-2024 or on any other subsequent day pursuant to the notice Dt.27-05-2024 or any other subsequent date pending disposal of the above writ petition. Counsel for the Petitioner: SRI M CHALAPATI RAO Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMILY WELFARE Counsel for the Respondents: SRI K.B. RAMANNA DORA The Court made the following common order: 1 APHC010169482024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 8530/2024. 13022 & 13362 of 2024 WP No.8530 of 2024 Between: ...PETITIONER Dr G A Augustine Raj AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.M CHALAPATI RAO Counsel for the Respondent(S): 1 .GP FOR MED HEALTH AND FAMILY WELFARE 2.KBRAMANNA DORA The Court made the following: COMMON ORDER: and the same, As the issue involved in all these writ petitions is one they are being taken up for hearing as well as disposed of Common Order. by way of this 1 2. Since the facts in all the writ petitions are similar and identical, therefore WP No.8530 of 2024 is taken as lead case, and the facts therein hereinafter will be referred to for convenience. 3. Brief facts of the case are that, the Church of South India i company incorporated under Indian Companies Act. It consists of IS a many dioceses with specified geographical boundaries situated in the states of Andhra Pradesh, Karnataka, Tamil Nadu, Telangana, Kerala and Sri Lanka. One of such dioceses is Rayalaseema Diocese situated at Kadapa under which the CSI Campbell Hospital, Jammalamadugu has been rendering medical services to the needy. The petitioner herein is a qualified medical practitioner with PG degree in General medicine. He was initially appointed as Medical officer in CSI Campbell Hospital, Jammalamadugu by the then Medical Superintendent of the Hospital and posted as Medical Superintendent of the in the year 2008 and was later appointed CSI Campbell Hospital, Jammalamadugu with effect from 14th August 2018 by Rayalaseema Diocese such appointment, he has been acting as correspondent of Dr. Helen college of nursing and CSI school Of nursing and ever since, the petitioner has been Administrative committee, Kadapa. By virtue of discharging his duties as Medical superintendent of the above hospital and correspondent of the institutions mentioned above to the best of his ability and satisfaction. While respondent took over as Bishop of the Rayalaseema diocese, Kadapa in February 2021, he has been resorting to acts of malfeasance and misfeasance of the funds of the Diocese the things stood thus, the 3rd and started 3 alienating its properties without any authority or jurisdiction and is behaving like a dictator. To achieve his illegal objects, he started subjecting other ordained priests/ pastors and senior officers members and of Rayalaseema diocese, kadapa to harassment and humiliation. Not content with the same, he is unilaterally terminating the services of the employees contrary to the constitution of the Rayalaseema diocese with an intention to appoint his cohorts in place of terminated ones. It is stated that several cases (both civil and criminal) are pending against him in various courts including this Hon’ble High court, which reveals his misconduct. It is stated that, chapter VIII of the constitution of the Church of South India deals with diocesan councils, its powers and election of executive committee/ central board. Sec. 10 deals with the election of the executive committee and delegation of powers, which vests with the diocesan council. No executive committee/ central board were elected by the diocesan council held on in its 1st meeting held on 14th and 15th of November, 2022. While so, this is the fact situation, the 3rd respondent formed the executive committee with his own men without the approval of the diocesan council. It is stated that the capacity of recording secretary, the petitioner along with another submitted copy of the proceedings in the form of minutes to the 3rd respondent where under the central board/ executive committee and other boards are not elected by the diocesan council U/sec.10 of chapter VIII of the constitution of church of south India. As the petitioner is questioning his unlawful and unethical activities, he bore grudge and ill will and with a view to harass and humiliate the petitioner, the 3rd respondent is 4 said to have convened a meeting of the Central Board/ executive committee and with a malafide intention got passed a resolution Dt.20-11-2023 appointing a Sub-committee to examine and enquire the complaints and allegations said to have been made against the by persons not known and identifiable. Later, the petitioner came to know of the appointment of .the said Sub-committee comprising of respondents No.4 to 10 by the central board headed by the 3rd respondent only after the petitioner received a copy of the letter Dt.02-12-2023 referring to the resolution said to have been passed on It is further stated that the Rayalaseema diocese constitution does not authorize the 3rd respondent or the executive committee selected by him to appoint any sub-committee to examine and enquire into the allegations said to have been made against the petitioner or any other medical officer. It is further stated that no prior notice was ever given to the petitioner nor was he directed to submit any explanation. 20-11-2023. While so, when the petitioner was approached by the members of the sub-committee about a month back they expressed ignorance of any complaints said to have been made against the petitioner and kept him wrong scent that nothing would be done to his detriment without affording an opportunity to the petitioner. Believing their words and reposing faith and trust in them, the petitioner kept quiet. It is further stated that about four (4) days back on 30-03-2024 i.e., the petitioner is reliably informed that the 3rd respondent is contemplating to get a report prepared by the members of the said sub-committee and basing on such fabricated report, is seriously on a 5 'A contemplating to terminate his services illegally and without affording any notice or seeking an explanation and affording an opportunity of hearing. Such action of the respondents 3 to 10 is opposed to the principle of Audi Atleram Partem. Hence the WP No.8530 of 2024 came to be filed. 4. The pleadings which are cited in WP No.8530 of 2024 the same are adopted by the same petitioner in other two writ petitions vide WP No. 13022 and 133.62 of 2024. rd 5. During pendency of this writ petition WP No.8530 of 2024, the 3 respondent with a malafide intention, changed his track and got issued a notice dated 27.05.2024 during court vacation through the 4 respondent/ Secretary of the Medical Board calling for a meeting of the Medical Board, CSI Rayalaseema diocese on 02.07.2024 at the diocesan office at Kadapa without notifying the agenda or the reasons for holding such a meeting with a view to cause arm to the petitioner and his reputation so as to found a cause to Therefore, to terminate the petitioner’s service on one ground or other, declare the constitution of the Central Board/ Executive Committee constituted y the Church of South India Rayalaseema Diocesan Counsel in its 1®* meeting held on 14**^ and 15*^ of November 2022 and also questioning the notice dated 27.05.2024 issued by the 4*^ respondent, the petitioner herein has filed other two writ petitions vide WP No. 13022 of 2024 & WP No. 13362 of 2024 before this Court. 6 6. 6 6. This Court vide order dated 04.04.2024 in WP No.8530 of 2024, has granted interim direction directing the respondents particularly respondent no.3 to restrain from further proceedings pursuant to the Notice dated 02.12.2023 and the Resolution dated 20.11.2023 for a period of three weeks and the same is extended from time to time. 7. Thereafter, vide order dated 19.08.2024, implead petitions were filed vide I.A No.3 of 2024 in WP No.8530 of 2024 8, I.A No.2 of 2024 in WP No. 13022 of 2024 and lA No.2 of 2024 in WP No. 13362 of 2024 and the same were allowed by this Court and the petitioners in the above Interlocutory Applications are came on record as proposed respondents. 8. The Counter affidavit has been filed by the respondents No.3 to 6, 8 9 & 10 in WP No.8530 of 2024. While denying the allegations made in the petitions, inter alia, stated that, the allegations are all invented- by the petitioner for the purpose of filing the above writ petition and moreover all the decisions and resolutions in the meetings are administrative functions of the Diocese and are binding on the petitioner. The petitioner has no right to question or challenge the decisions of the Diocese and filing the present petition itself clearly shows the intentions of the petitioner and his efforts to restrain the Body and functions of the Diocese for his personal ill motives. The communications are all administrative in nature and if the petitioner really aggrieved, he has effective remedy to appeal to the Central Board of the Diocese and not by way of present writ petition under Art 226 for his personal gains. Therefore, on this ground itself, the writ petition is liable to be 7 dismissed. It is further stated that the appointment of Committees, decisions, resolutions are all as per the Rules in force and Constitution of the Diocese and there is no illegality or any motives behind it as alleged by the petitioner. It is stated that all such decisions and resolutions with Jurisdiction, as per the Constitution and for better management and administration of the Diocese. Further, the apprehensions of the petitioner is premature and any action to be taken by the Central Board as per Rules and Constitution of Diocese. However, under the guise of anticipation of an action against the petitioner, on false and baseless allegation filing the above writ petition is unsustainableand the writ petition is liable to be dismissed as premature in the interest of justice. 9. The counter affidavit has been filed by the respondents No.3 & 4 in WP Nos. 13022 & 13362 of 2024. While adopting the averments made in the counter affidavit filed in WP No.8530 of 2024, inter alia, stated that, there is a clear cut Pyramidical structure in carrying out the administration of the C.S.I Rayalaseema Diocese wherein at the Head there is RAYALASEEMA DIOCESE (C.S.I) DIOCESE COUNCIL CENTRAL BOARD (Executive of the Diocese Council) MEDICAL BOARD (Governing body) MEDICAL SUPDT. {1. Managing Committee 2. Local Hospital Committee} Medical Dept Nursing Service Nursing Education Business medical & Para- Administration Asst. Supdt. Medical Nsg. Supdt Staff Director of School Business Nurses & Group II of Nsg. Tutors & Manager Clinical Through employees Dept. In-charge Doctor Students Staff Deputed 1 8 It is pertinent here to mention that as per the Pyramidical structure drawn above the Superintendent of the Campbell Hospital is obliged to work in collaboration with Managing Committee and Local Hospital Committee in all administrative and financial matters of the said Hospital. All the decisions for the aforementioned purposes are subject to the ratification Medical Board (Governing Body) of C.S.I, R.D and Central Board/Executive Committee. It is further stated that the petitioner has overstepped into the matters pertaining to the administration and financial going beyond the duties of superintendent. It is stated that the petitioner herein as an employee of Campbell Hospital, has overstepped the hierarchy of administration by acting as a monopoly within the institution. He has also overstepped his authority by constituting a local hospital committee without proper permission from the Medical Board (Governing Body). The petitioner has misled the staff, claiming that he had obtained the necessary permission from the Medical Board and the same falls under a serious breach of trust and a disregard for the Medial Board’s(Governing Body) role. It is stated that the petitioner has willfully failed to submit budget proposals to the Medical Board (Governing Body) or the Central Board/ Executive Committee. Despite this, the petitioner is in a habit of constructing without any substantial development at Campbell Hospital, claiming it as “development” and has spent a significant amount of money on low-quality construction to a tune of Rs.95,00,000/- approximately. 9 It is further stated that having come to know about the aforementioned lapses and irregularities in the CSI RD Campbell Hospital the Central Board/Executive Committee by resolution dated 20-11-2023 appointed a sub- coqimittee for preliminary enquiry on the complaints received against the petitioner in the said Hospital. Even before enquiry and to fact finding of the allegations the petitioner approached this Honourable Court and obtained ex- parte orders in W.P No. 8530/2024 pending adjudication before this Honourable Court. Since the Honourable Court specifically posted the said matter for maintainability, on one pretext or other filing the petition after petition in anticipation of any action as against the petitioner with presumption and assumptions are all not tenable under law. It further stated that any action against the guilty will be taken after the receipt and consideration of the report furnished by the sub-committee by following due process of law and Constitution of CSI RD. Therefore, the Writ Petition filed by the petitioner is purely on apprehensions of the petitioner and as such the Writ Petition is premature and liable to be dismissed. 10. Reply affidavit has been filed by the petitioner in WP No.8530 of 2024 , wherein, it is stated that, the averments made in the counter affidavit of the respondents that the 3'"'^ respondent has been functioning in accordance with rules regulations and constitution of the CSI Rayalaseema diocese is anything but true. As he is acting in an arbitrary manner and opposed to the principles of natural justice and in violation of rules, regulations and constitution of the CSI and that of CSI Rayalaseema diocese, his actions are 10 questioned by filing the present writ petition, for workers/ medical board would apply to the writ petitioner, decisions and resolutions diocese and that the writ petitioner It is further stated that the rules service regulations of the church of south India Further, the appointment of committees, are all as per the rules in force and constitution of has to approach the appropriate form/ central board of the diocese is not correct. When the 3rd in violation of the constitution of CSI violative of Article-3 Rule II of the CSI actions are invalid, without jurisdiction above mentioned rules respondent is acting particularly Clause. 10 of Chapter-VIII and Rayalaseema Diocese constitution , his unenforceable being violative of the governing the administration and management of the It is further stated that the executive committee and all other boards Diocese council and church of south India. constitution of the central board/ have to be formed under Rule. 10 and under Article.3 Rule 2 of the of Chapter VIII of CSI Synod constitution of the Rayalaseema Diocese, provisions claims to constitution But the 3rd respondent in contravention of the above have formed the aforesaid committees, which is not only arbitrary but also cannot be acted upon much less be without jurisdiction and therefore countenanced before this Hon'ble court. 11. Heard Sri M. Chalapathi Rao learned Counsel appearing for the for Medical Health & FW and Sri counsel appearing for the respondents. petitioner; learned Government Pleader K.B.Ramanna Dora, learned 12. On hearing, learned averments made in the petitions. counsel for the petitioner while reiterating the respondent took argued that, after the 3"'^ 11 Bishop of the Rayalaseema diocese, Kadapa in February 2021, he has been resorting to acts of malfeasance and misfeasance of the funds of the alienating its properties without any authority or He submits that Rayalaseema over as Diocese and started jurisdiction and its behaving like a dictator, does not authorize the 3'''^ respondent or the executive diocese constitution committee selected by him to appoint any enquire into the allegations other medical officer. Further no prior notice was petitioner directed to submit any explanation about the alleged complaint by the 3"* respondent or the subcommittee said to have been appointed pursuant to the resolution dated 20.11.2023. sub-committee to examine and said to have been made against the petitioner or issued nor was the any submits that Chapter VIII of the deals with the establishment of and election of Central Board/ Executive council and other boards. Clause 10 deals with the 13. Learned counsel further Constitution of Church of South India Diocesan councils, its powers committee of the diocese Central Board/executive committee and delegation of powers, He submits that no executive election of the which vests with the diocesan council, committee/central board was in fact elected by the diocesan council Kadapa in Of November 2022 but the 3^*^ respondent its 1®* meeting held on 14**^ and 15' formed the Central Board/ executive of Clause 10 of Chapter VIII Clause 10 - extracted hereunder; committee with his own men in violation of the constitution of Church of south India. CLAUSE. 10 12 10. Every Diocesan Council shall at its first meeting elect an Executive Committee, and may delegate to it such of its functions and duties as it may think fit, provided that it may not delegate to its Executive Committee the alteration of its own Constitution. Othor Committees / Boards shall be appointed either by the Diocesan Council at its first meeting or by the Executive Committee at its first meeting, as stipulated in the Diocesan Constitution. In all such committees at least 25% of the total membership (excluding Officers of the Council) Shall be youth under the age of 35 years and 25% shall be women. The Bishop of the Diocese shall be the president of the Executive Committee, Ministerial Committee, Finance Committee and Property Committee. For other boards and committees. The Bishop shall appoint suitable clergy or lay members of the church as chairpersons. The Bishop may refer any decision of a Board/Committee to the Executive Committee whose decision shall be final. 14. Article 3 of CSI Rayalaseema Diocese Constitution. Article 3 Functions of the Diocesan council, extracted hereunder; 2. Every Diocesan Council shall appoint an Central Board/Executive Committee and may appoint other Committees/Boards, and may delegate to them such of its functions and duties as it may think fit, provided that it may not delegate to its Executive Committee the alteration of is os in constitution. In all such committees at least 25% of the total membership (excluding Officers of the Council) shall be youth under the age of 35 years and 25% shall be women. The Bishop of the diocese shall be the President of the Central Board/Executive Commi ite Mins trial cuite, Finite hamite in site Comi lay Formates of the Church as chairpersons. The Bishop shall have the right to take part in meetings of any Board or Committee. If the Bishop is present he may preside at such meetings if he so desires. The Bishop may refer, any decision of a Board/Committee whose decision shall be final. 15. Learned counsel for the petitioner further submits that, obviously the 3rd respondent did not produce any record showing the process of the election and the formation of the alleged committees for the aforesaid reason. In the absence of any record to substantiate the aforesaid actions, the contention of the 3rd respondent and the assertion made in the counter affidavit to that effect cannot be accepted by this Hon'ble court, in view of the above reasons, learned counsel for the petitioner submits that the writ petitions filed by the petitioner may kindly be allowed. 13 16. Per contra, learned Government Pleader appearing for the official respondents, opposed for allowing the writ petitions, and prayed to dismiss the same. 17. Whereas, learned counsel appearing for the respondents while reiterating the contents made in the counters, argued that the CSI RayalasBema Diocese is not a State within the meaning under the Constitution of India and therefore, the writ petitions are not maintainable. He submits that the petitioner has not approached this Hon'ble Court with clean hands and suppressed the material facts and without availing all the possible remedies contemplated under the provisions of Constitution of CSI, Rayalaseema Diocese, Kadapa filed the above writ petitions and as such the Writ Petitions are not tenable under law and as such the same are liable to be dismissed with exemplary costs. He submits that any appointment of Sub Committee and decisions by the Central Board of CSI RD are all as per the Constitution, Byelaws, Rules in force and which are legal, valid and binding on all employees including the petitioner, which are not amenable for writ jurisdiction and more so, there is no cause of action for the petitioner to file the above writ petitions on false and baseless allegations. Therefore, the writ petitions are not maintainable and liable to be dismissed. 18. Perused the material on record. 19. It is true that the petitioner herein was initially appointed as Medical Officer in CSI Campbell Hospital, Jammalamadugu in the year 2008 by the 14 then Medical Superintendent of the Hospital and was later appointed and posted as Medical Superintendent of CSI Campbell Hospital, w.e.f 14.08.2018 by Rayalaseema Diocese Administrative Committee, Kadapa. 20. It IS the contention of the petitioner that, after the 3^'^ respondent took over as Bishop of the Rayalaseema Diocese Kadapa in February, 2021, he has been resorting to acts of malfeasance and misfeasance of the funds of the Diocese and started alienating its properties without any authority or services of the Diocese with an ones. It is also contended that, as the petitioner is questioning his unlawfui and unethicai activities, the 3"“ respondent bore grudge and with a view to harass the convened a meeting of the Central Board appointed subcommittee to jurisdiction. Further, he is unilaterally terminating the employees contrary to the constitution of the Rayalaseema intention to appoint his cohorts in place of terminated petitioner, he is said to have been and passed a resolution dated 20.11.2023 and examine and enquire the compiaints and aiiegations said to have been made against the petitioner and also issued a notice dated 27.5.2024 during the court vacation through the 4»’ respondent which is highiy iiiegai and arbitrary. 21. As seen from the ietter dated 02.12.2023, wherein it was mentioned that in pursuance of the resolution dated 20.11.2023 made in the Central Board, you are appointed as subcommittee to examine and enquire on the complaints and allegations recorded against Dr Augustine Superintendent, CSI Campbell Hospital, Jammalamadugu concrete report with all findings along with the substantive evidences. Roj, Medical dnd submit a if found 15 guilty, to institute action against Dr Augustine Raj in comply of the CSI RD Constitution, CSIRD Rules for workers and the Regulations of Medical Board CSI RD. 22. On a perusal of the above, a subcommittee was appointed for preliminary enquiry on the complaints received against the petitioner in the said hospital. Even before enquiry and to fact finding of the allegations, already the petitioner approached this Court and obtained interim orders in WP No.8530 of 2024. It is further observed that, since this Court specifically posted the said matter for maintainability, on one pretext or other filing the petition one after another petition in anticipation of any action as against the petitioner with presumption and assumptions are all not tenable under law. It is also observed that, any action against the guilty will be taken after the receipt of the report furnished by the subcommittee by following due process of law and Constitution of CSI RD. 23. In view of the forgoing discussion, this Court found no merit in the instant writ petitions and devoid of merit and liable to be dismissed. 24. Accordingly, all the Writ Petitions are dismissed. No costs. As a sequel, all the pending miscellaneous applications shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR f ' SECTION OFFICER //TRUE COPY// To, 1. One CC to Sri M Chalapati Rao, Advocate [OPUC] 2. One CC to Sri K.B. Ramanna Dora, Advocate [OPUC] 3. Two CCs to GP for Medical Health & Family Welfare, High Court of Andhra Pradesh. [OUT] 4. Two CD Copies RAM HIGH COURT DATED:28/02/2025 ^Tandh^ ^ 1 3 MAR 2025 ^ Current Secfuon ^ COMMON ORDER WP.Nos.8530, 13022 & 13362 of 2024 DISMISSING ALL THE WPs WITHOUT COSTS