2 - 8 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF JANUAI TWO THOUSAND AND TWENTY FIVE PRESENT ' THE HONOURABLE DR JUSTICE K.MANMADHA RAO WRIT PETITION NO: 18332 OF 2020 Between: Arun Das, S/o. SeshmaniSukla, Aged 40 years. Disciple of Arjun Das, Presently residing at H.No.140, Yadav Bazar, Near Kamala Theater, Jaggaiahpeta, Krishna District- 521175. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue, (Endowments) Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Commissioner of Endowments, Endowments Department, Gollapudi, Vijayawada, Krishna District. 3. The Regional Joint Commissioner, Multi Zone II, Endowments Department, Sri SwamyHathiramji Mutt, Tirupathi, Chittoor District. 4. Sri SwamyHathiramji Mutt, Rep.by its Mahantuvaru, Sri Arjun Das, Sri Swami Hathiramji Mutt, 122, Gandhi Road, Tirupathi, Chittoor District. ...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 a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the orders passed by the 4 respondent vide Proceeding in Rc.No.B2/645/2018, dated 07.08.2020 in terminating the services of the petitioner without any prior notice or enquiry is illegal, arbitrary, unfair, unreasonable and against the provisions of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 and rules therein also violation of principles of th % Natural Justice and hit by 'Audi 19 and 21 of the constitution of India. alterampartem' and violation of Article 14. lA NO: 1 OF 2()7d Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioners to file the additional material record in W.P. No. 18332 of 2020, for Writ Petition. praying that in the circumstances papers on proper adjudication of the above said lA NO: 1 OF 9()7n Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the respondents to service in the 4*^ Respondent institution temples attached to the 4^^ petition. praying that in the circumstances in support of the petition, the High Court may be allow the Petitioner in continuing his I as Upapradhana Archaka of the respondent Mutt, pending disposal of the writ Counsel for the Petitioner: SRI DASARI S VV S V PRASAD Counsel for the Respondents; GP FOR ENDOWMENTS Counsel for the Respondents: SRI SRINIVAS BOBBILI The Court made the following order; APHC010277802020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO; 18332/2020 • Between; Arun Das ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1. DASARI S VV S V PRASAD Counsel for the Respondent(S); 1.SRINIVAS BOBBILI 2.GP FOR ENDOWMENTS I The Court made the following Order; The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “ to issue a writ order or direction more particuiarly one in the nature of writ of Mandamus deciaring the orders passed by the 4 Rc.No.B2/645/2018, dated 07.08.2020 in terminating the services of the petitioner without any prior notice or enquiry is iilegal, arbitrary, unfair, unreasonabie and against the provisions of The Andhra Pradesh Charitabie and Hindu Reiigious institutions and Endowments Act, 1987 and ruies tn respondent vide Proceeding in ) 2 therein also violation of principles of Natural Justice and hit by ‘Audi alterampartem’ and violation of Article 14, 19 and 21 of the constitution of India ” 2. Brief facts of the case are that even though the 4‘^ respondent established since immemorial and the Administration of the respondent and its properties look after by the Mahanthuvaru duly appointed. The I respondents 1 to 3 have all control over the administration of the 4**^ respondent and also its properties. The 4‘^ respondent has vast properties both movable and immovable in various places and different states. The 4*^ respondent also maintained Mutt and other temples popularly known As Sri Venugopalaswamy temple, Tirumala, Sri Jabali Anjaneyaswamy temple, Sri Venkateswara Swamy Temple, Sugur, Gulbargah district, Karnataka district, wherein daily performed poojas by following traditions. The 4‘^ respondent appointed the petitioner as Archaka and later promoted as Upapradhana Archaka. The appointment of the petitioner and promotion was ratified and I recognised by respondents 1 to 3 and also pay-scale fixed by the 4'" respondent by following the GOs and Rules issued by respondents 1 to 3. The services of the petitioners were appreciated by Mahantuvaru. Subsequently, the Mahantuvaru and other persons formed into Society as “Sri Swamy Hathiramji Sanathan Siksha Society Tirupathi” and the same was registered as society under the Andhra Pradesh Societies Registration Act, 2001 vide Registration No.182/2016 on 21.06.2016, wherein the Mahantuvaru is president and the petitioner is one of the executive members. While so, some 3 misunderstandings arose in between the petitioner and Mahantuvaru to some They had instigated Mahantuvaru stating that the intermediary persons, petitioner and others involved in the submission of the petitioners and news telecasted through electronic media and also in print media against him, resulted to both civil and criminal cases. While things stood thus, the 4 issued office order vide R.C.No.B2/680/2009, dated 08.12.2017 respondent transferring the petitioner from Sri Jabali Anjaneyaswamy temple, Tirumala to Venkateswara Swamy temple, Sugur, Gulberga, Karnataka state. While Sri 10.12.2017 with knives, revolvers some people attacked the petitioner on and sticks. The petitioner escaped from the spot and left the Tirumala and reached high level police officers, but no action taken against the culprits. Due so to fear, the petitioner spent some days out of Tirumala and later when the respondent, the petitioner was not allowed to intimation. Hence, the petitioner filed petitioner approached the 4 perform duties without any cause W.P.No.13040 of 2019 on 04.09.2019. After filing the writ petition, the 4 or respondent issued proceedings vide R.C.No.B2/645/2013’, dated 06.09.2019 directing the petitioner to approach the mutt office immediately and his suspension would be revoked on receipt of satisfactory explanation. The same the notice of this Court and this Court by recording the same, 11.09.2019. Thereafter, the petitioner approached was brought to closed the writ petition on the 4'^ respondent on 11.10.2019 with explanation along with order copy of this Court dated 11.09.2019. The 4^'' respondent considered the explanation and directed the petitioner to join at Sri Balaji temple, Sugur vide proceedings NO.B2/645/2018, dated 15.10.2019. Thereafter, the 4'^ respondent issued another proceedings vide R.C.No.B2/645/2018, dated 19.11.2019 stating that the designation of the petitioner has been changed from Upapradhana Archaka to Archaka. While so, the petitioner has submitted leave application for a period of thr^e months. Subsequently, the petitioner availed only two months leave and joined in the service. The petitioner submitted representation dated 15.11.2019 requesting to transfer him from Sri Balaji temple, Sugur to any temple at Tirupati/Tirumala and the same was rejected vide Rc.No.B2/645/2018, dated 21.11.2019 and made several allegations against the petitioner. While so, the 4*^ respondent without conducting any enquiry/calling any objection terminated the service of the petitioner vide proceedings Rc.No.B2/645/2018, dated 07.08.2020. Aggrieved by the same, the present writ petition has been filed. The 4*^ respondent filed counter affidavit denying the allegations made in the writ petition and mainly contended that the petitioner joined at Sri Balaji temple, Sugur on 19.10.2019 and on the same day itself, he made a false representation to the Superintendent of Police, Gulbarga, alleging that he has life threat and requested for protection. The petitioner worked at Sugur from 19.10.2020 to 15.11.2020. During the said period, the petitioner misbehaved with the other employees of 4*'' respondent-mutt and the 3. \ 5 petitioner went to Sugur along with six strangers and demanded for separate kitchen at Sugur Temple and polluted the peaceful atmosphere at the Balaji Temple, Sugur. It is further contended that the petitioner without furnishing original certificates of his qualification as requested vide order dated 15.10,2019, made a representation for his transfer from Sugur and without obtaining prior permission, the petitioner went on leave for two months from 16.11.2019 to 15.01.2020, As the petitioner failed to submit original certificates, the 4^'^ respondent rejected the request of the petitioner to transfer and changed his designation from the post of Upapradhana Archaka to Archaka. Thereafter, the petitioner did not rejoin at the Sri Balaji Temple, Sugur. In view of petitioner’s continuous unauthorised absence and in view of petitioner’s non-submission of his educational qualification and in view of his disobedience of the orders of 4'^ respondent-mutt, the 4*^ respondent issued the proceedings vide Rc.No.B2/645/2018, dated 07.08.2020 terminating the petitioner from the service, which is valid and in accordance with law. Therefore, prays to dismiss the writ petition. ’ Though the writ petition is filed in the year 2020, the respondents 1 to 3 have not filed any counter till date. Therefore, the right of filing of counter for the respondents 1 to 3 is hereby forfeited under Rule 12(1) of Writ Proceeding Rules, 1977. 4. 6 5. Heard Mr.Dasari S.V.V.S.V. Prasad petitioner and Mr.P.Srinivas, learned Endowments, for respondents 1 to 3 Standing counsel for respondent. learned counsel for the Assistant Government Pleader for as well as Mr.Bobbili Srinivas. learned 6. On hearing, learned counsel for the petitioner while reiterating the contents urged in the writ petition, submits that, the petitioner is the senior disciple of Mahantvaru, being North-Indian Brahmin, Achuta Gotram and only follow the Sri Swamy Hathiramji mutt traditions and customs as per that the 4"^ respondent- ramanand Sampradaya cult”. He further submits administration not allowed the petitioner to perform my duties without any cause or intimation. He further submits that the 4‘^ conducting any enquiry/calling any explanation respondent without straight away termination of service as a Poojari, Sri Balaji Temple, Sugur, Gulbargah district, Karnataka dated 07.08.2020. He further State vide proceedings Rc.No.B2/645/2018 submits that the respondents have not issued any show-cause notice to the petitioner before terminating the service of the petitioner. There is no enquiry conducted by the competent authority before terminating the service of the ■ He further submits procedure established by law, while principles of natural justice. petitioner. The impugned order hit by ‘Audi alterampartem that the 4*^ respondent failed to follow the passing the impugned order and not followed 7 Therefore, learned counsel for the petitioner requests this Court to pass appropriate orders. 7. Per Contra, learned Standing Counsel while reiterating the contents made in the counter affidavit, submits that, the 4*^ respondent issued order dated 17.10.2019 referring all the behaviour of the petitioner ordered the petitioner to perform his duties as Poojari until submitting of original I documents by the petitioner and verification. The petitioner without performing the Poojari duty assigned to him, sent representation to the Mutt-office dated 16.11.2019 to transfer him to the Temples at Tirupati and Tirumala. He further submits that the respondent office issued another order dated 21.11.2019 elaborately mentioning all references advised the petitioner to perform the duties at Sugur Balaji Temple as Poojari until further orders by sending copy to the petitioner. He further submits that the petitioner did not attend the duties inspite of several orders and not submitted the educational qualificationsas per the orders issued by 4*^ respondent office. Due to continuous absence of th the petitioner and also due to his non compliance with the orders of the 4 respondent, the 4*'^ respondent terminated the services of the petitioner vide proceedings in Rc.No.B2/645/2018, dated 07.08.2020. Hence, the petitioner has not got any sustainable right to maintain this writ petition and none of his fundamental or statutory rights are violated. Therefore, learned Standing Counsel prays to dismiss the writ petition. 8. On considering the submissions of both the learned counsels and upon perusing the entire material on record, this Court is of the opinion that, the 4 respondent has passed the impugned termination any show-cause notice to the petitioner and without order without issuing conducting any enquiry, which is violation of principles of natural justice. Therefore, this Court is inclined to allow the writ petition by setting aside the order dated 07.08.2020. impugned termination 9. Accordingly, the Writ Petition is allowed. The impugned proceedings vide Rc.No.B2/645/2018, dated 07.08.2020, issued by the 4“’ respondent is hereby set aside. If the against the petitioner, they must follow the due As a sequel, miscellaneous applications pending, if any, shall Sd/- U.SRI DEVI ASSISTANT REGISTRAR respondents intend to take action process of law. No costs. 10. stand closed. //TRUE COPY// fife'OFFICER To, SEC 5. One CC to Sri Dasari S VVS V of T- ' S’'* Das, Sri Swami Tirupathi, Chittoor District. Prasad, Advocate [OPUC] Advocate [OPUC] I High Court of Andhra Pradesh. [OUT] 6. One CC to Sri Srinivas Bobbili, 7. Two CCs to GP for Endowments, 8. Two CD Copies RAM fl HIGH COURT > • DATED:29/01/2025 ORDER WP.No.18332 of 2020 ALLOWING THE WP WITHOUT COSTS