T IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY m TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE DR JUSTICE K-MANMADHA RAO WRIT PETITION NO: 19243 OF 2020 Between: Smt. S. Suhasini, D/o S.H.s. Prakasa Rao, aged 51 years, Occ Ex-SGT Teacher, MPP School, Ballipadi Garvu, Palakol Mandal, West Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director of School Education, Government of Andhra Pradesh Guntur, Guntur District. 3. The District Educational Officer, West Godavari District at Eluru. ...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 preferably a Writ in the nature of Mandamus declaring the Proceedings c Rc.No.9050/A5/2017, dated 15.8.2020 issued by the 3rd Respondent ijtegal, arbitrary, malafide, unjust and violative of Article 21 of the ’^C^^S.titL!tion of India and consequently direct the respondents to reinstate p'petitioner into service with all consequential benefits thereon. as t r, lA NO: 1 OF 2020 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 suspend the Proceedings Rc.No.9050/A5/2017, dated 15.8.2020 issued by the 3rd Respondent pending disposal of the writ petition. Counsel for the Petitioner: SRI. J SUDHEER Counsel for the Respondents: GP FOR SCHOOL EDUCATION & GP FOR SERVICES III The Court made the following order: f 1 ‘HIGH COURT OF ANDHRA PRADESH :: AMARAVATI +WRIT PETITION Nq.19243 of 2020 Between: #Smt. S. Suhasini, ...PETITIONER AND $The State Of Andhra Pradesh and Others ...RESPONDENT(S) JUDGMENT PRONOUNCED ON 21.02.2025 THE HON’BLE DR.JUSTICE K. MANMADHA RAO 1. Whether Reporters of I ocal newspapers may be allowed to see the Judgments? Yes - 2. Whether the copies of judgment may be marked to Law Reporters/Journals Yes - 3. Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment? Yes - 2 t ( * THE HON’BLE DR.JUSTICE K. MANMADHA RAO +WRIT PETITION No.19243 of 2020 % 21.02.2025 # Between: #Smt. S. Suhasini, ...PETITIONER AND $The State Of Andhra Pradesh and Others ...RESPONDENT(S) ! Counsel for the Petitioner: Sri J. Sudheer Ms. Neha Hassan Sheikh ! Counsel for Respondents; GP for School Education GP for Servics-lll <Gist: >Head Note; ? Cases referred; 1 APHC010291122020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 19243/2020 Between: Smt. S. Suhasini, ...PETITIONER AND The State Of Andhra Pradesh and Others RESPONDENT(S) ■ ■ ■ Counsel for the Petitioner: 1.J SUDHEER Counsel for the Respondent(S): 1.GPFOR SERVICES III 2.GP FOR SCHOOL EDUCATION The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of India for the following relief; “ to issue an appropriate writ order or direction preferably a Writ in the nature of Mandamus declaring the Proceedings Rc No 9050/A5/2017 dated 15.8.2020 issued by the 3rd Respondent as illegal arbitrary malafide unjust and violative of Article 21 of the Constitution of India and consequently direct the respondents to reinstate the petitioner into service with all consequential benefits thereon and pass....” 2 2. Brief facts of the case are that, the petitioner appeared in the DSC Examination and qualified and appointed as Secondary Grade Teacher on 18.1.1997 and posted at Sangam Cheruvu, Palakolu Mandal, West Godavari District. She married to Late Sanjeevi and her husband work place was in Uganda, East Africa.During the year 2002, she made an application to the Respondents seeking their permission to travel to Uganda, East Africa along with her husband. Accordingly, the Director of School Education issued No Objection permitting her to travel to Uganda vide proceedings dated 13.6.2002. It is stated that, after 3 years, she came back to India and the DEO, WG District issued posting orders dated 28.5.2005 and she worked at Mandal Parishad Elementary School, Ballipadu till May, 2006. It is further stated that, due to Gastric Ulcer and for undergoing medical treatment she took 3 months leave and sought extension of another 3 months from24.1.2007 and 13.6.2008. While so, on 3.12.2015 through television she cameto know that her husband was shot dead in Uganda, East Africa. On hearing the said Meanwhile her father also expired in February 2016. Later, on 9.11.2017 the petitioner made a representation to the 3'"^ respondent requesting to permit her to join duty. news, she went into depression. Since the respondents have not given posting orders and terminated her services without communicating termination order, the petitioner filed O.A. before the Hon'ble A.P.A.T. with certain delay vide MA No.651/2018 seeking to reinstate her into service but the Tribunal has dismissed the said O.A at the SR stage on the ground of delay. Aggrieved by the same, the petitioner filed WP 3 No.40928/2018 before this Court and the same was disposed of by this Court directing the respondents to follow due process of law. Though disciplinary enquiry initiated against the petitioner pursuant to the charges framed on 29.1.2018, till the disposal of W.P.No.40928/2018, dated 30.7.2019 no further steps were taken only to deny the legitimate reinstatement of the petitioner into service. Thereafter, Enquiry Officer submitted enquiry report.ln pursuance of the same, the 3rd Respondent passed impugned order. Hence the present writ petition. 3.‘ The Counter affidavit has been filed by the respondent No.1 and 2. While denying the allegations made in the petition, inter alia, contended that the Mandal Educational Officer, Palakol also stated that the individual submitted her leave application on 30.03.2009 that she obtained EOL. from 26.05.2006 to 27.03.2010 was noted on page 21 in the SR of the individual but there is no evidence in their office and without prior permission from the competent authorities, individual went to Uganda from April 2006 and not attended her duties till date. The Mandal Educational Officer, Palakol has also stated that individual has neither produced evidences of leave application nor representation for going to abroad from April, 2006 onwards. Therefore the individual has not attended her duties from 26.05.2006. It is stated that. basing on the report submitted by the Mandal Educational Officer, Palakol Articles of charges were framed against Smt. S. Suhasini, Formerly SGT, Palakol Mandal through the Procs. Rc.. MPPS, Ballipadu Garuvu NO.9050/A5/2017, Dated 29.01.2018. That inspite of receiving show cause 4 notice Smt Suhasini has not submitted her explanation till date. It is also stated that, seeking direction for re-appointment, Smt. S. Suhasini, Formerly SGT, MPPS, Ballipadu Garuvu, Palakol Mandal has filed M.A.No.65172018 in OASR No.2970/2018 and when the matters were heard finally on 09.10.2018 the Hon'ble APAT passed the orders as follows: "in view of the circumstances, she made a representation to the respondents in November 2017 with a request to issue reappointment order In this application seeking to condone the delay, there is no material or any averment to show as to what she has done after June, till November, 2017 or at least till December, 2015 when her husband died during which time she was in India and not in employment. She has note even cared for her employment and to join duty. Though this court has got all sympathies for the pity situation the applicant is placed in but there is no reason forthcoming for her silence for a period of nine years from 2008 to 2017. Therefore, I do not find any justifiable to condone the delay. Hence, the MA is dismissed. OASR is rejected". reason . In the counter, it is further stated that, the Mandal Educational Officer, Palakol has informed this office vide letter Lr.Rc. No.01/MEp/2017, Dated.28.11.2017 stating that due to not tracing out the address of Smt Suhasini he was unable to serve the Procs. of Article of charges and individual not even responded to the phone calls. It is further stated that, subsequently Smt. S. Suhasini has filed W.P.No.40928 of 2018 before the Hon'ble High Court and the Hon'ble High Court has passed orders on 30.07.2019 as follows: “...to conclude the disciplinary enquiry initiated against the petitioner herein pursuant to the charges framed on 29.01.2018 vide proc. No.9050/A5/2017, as expeditiously as possible, preferably with a period of four months, from the date of receipt of a copy of this order, in accordance with law. In view of the said directions, this court also deems it appropriate to set aside the order passed by the Tribunal in MA No.651/2018 in OASR No.2970/2018. There shall be no order as to costs..” It is further stated in the counter affidavit that, basing on the orders passed by the Hon'ble High court and representation submitted by the 5 individual on 10.10.2019, Articles of charges were framed against Sint S. Suhasini, Formerly SGT, MPPS, Ballipadu Garuvu, Palakol Mandal through the Procs. Rc. No.9050/A5/2017, Dated 05.11.2019. The individual submitted her defense statement on 16.11.2019 and basing on the defense statement, this office appointed Enquiry officer and presenting officer vide Rc. No.905d/A5/2017, Dated. 06.01.2020. It is further stated that, the Enquiry officer has submitted the enquiry report on 31.03.2020 and stated that Smt. S. Suhasini, was appointed as SGT on 31.01.1997 at MPPS, Sangam Cheruvu, Palakol Mandal. She went to Uganda in the year 2002 and after return she joined as SGT in MPPS Ballipadu Garuvu on 27.08.2005. she has applied for Medical leave from 26.05.2006 and extending upto 27.03.2010 by extending leave year by year, she has not submitted any Medical certificate. She went to Uganda and stayed there with her husband. She went Uganda without obtaining prior permission from the department. By applying Medical leave without producing a Medical certificate and went Uganda which is highly irregular. She was not applied for joining into service even after expiry of her in the year 2017 she approached the authorities leave. After 2 years i.e through the letter dated 09.11.2017 and requested for reappointment sympathetically. It is further stated that, the petitioner was aware of the rules as a Govt. Employee, willfully she has not applied for leave before proceeding to foreign countries. She has not acted as a responsible Govt. Employee, which clearly shows her gross negligence and dereliction of duties and also 6 lack of integrity and devotion to duties. Therefore, 3'"^ respondent issued proceedings is legal and valid. 4. Heard Ms. Neha Hassan Sheikh, learned counsel representing Sri J.Sudheer, learned counsel appearing for the petitioner and learned Government Pleader for School Education and learned Government Pleader for Services-lll appearing for the respondents. 5. On hearing, learned counsel for the petitioner while reiterating the contents made in the petition, argued that the Respondent had reproduced the facts in a nutshell and the contents of the counter affidavit dated 12/2018 in the Writ Petition and just by referring the instructions issued by the Government in G.O.Rt.No. 128, Finance (FRI) Department, dated 1.6.2007 concluded that the representation dated 9.11.2017 was considered and disposed off since it was not feasible for consideration. He submits that there is no independent application of mind. He further submits that, if the impugned proceedings and the counter W.P.No.40928/2018 affidavit in are juxtaposed, it will be crystal clear that the 3rd Respondent has issued proceedings in a pre-determined manner. At no point of time, the petitioner has not exhibited any willful or deliberate negligence or dereliction of duties her part. He submits that the allegations made in the impugned order misconceived and without any basis. The respondents without considering the petitioner's representation dated 9.11.2017 in right perspective issued impugned proceedings dated 15.8.2020 and that the penalty imposed by the respondents is arbitrary and excessive much less disproportionate and harsh on are 7 punishment. Therefore, learned counsel for the petitioner prayed to allow the present writ petition by setting aside the impugned proceedings. 6. Per contra, learned Government Pleader for School Education opposed for allowing the writ petition and prayed to dismiss the writ petition. 7. Whereas, learned Government Pleader for Services-lll appearing for the respondents, while reiterating the averments made in the counter, submits that the Government have issued instructions in terms of G.O.R.No.128 Fin.(FRI) Dept., Dated 01.06.2007 duly issuing amendment to Role 18 of A.P. Fundamental Rules as follows: Rule 18-A:- A Governn.ent servant shall be deemed to have resigned from the service if he a) Is absent without authorization for a period exceeding "one year" or b) Remains absent from duty for a continuous period exceeding five years with or without leave, or c) Continuous on foreign service beyond the period approved by the State Government. 8.' Learned Government Pleader further submits that, keeping in view of the orders of the Hon'ble High court dated 30.07.2019 and also keeping in norms of G.O.RL.No.128 Fin. (FRI) Dept., Dated 01.06.2007, a detailed speaking order was issued to Smt. S. Suhasini, Formerly SGT, MPPS, Ballipadu Garuvu, Palakol Mandal Vide Proes. Re No 9050/A5/2017, DL. 14.08.2020 of the District Educational Officer, West Godavari, Eluru by informed that in view of her continuous absconding from services since 26.5.2006 to till date her services are deemed to be removed from the service. 8 Hence the representation dated 09.11.2017 of the petitioner was considered and rejected. Therefore, in view of the circumstances prayed to dismiss the writ petition. 9. Perused the material on record. 10. Admittedly, the petitioner appeared in the DSC examination and qualified and appointed as Secondary Grade Teacher on 18.1.1997. further, after getting married, the petitioner made an application seeking permission to travel Uganda, East Africa, as her husband was working in Uganda and the Director of School Education issued No Objection proceedings dated 13.6.2002. Thereafter, due to Gastric problems, she took leave for 3 months and sought extension of 3 months. Meanwhile, the petitioner’s husband died and on hearing the said news, she went into depression. It is observed that, the petitioner made a representation to the respondent authorities to permit her to join duty.As the petitioner absconding duties for a long time, the disciplinary enquiry initiated against her. Thereafter, Enquiry officer commenced enquiry and submitted his enquiry report. In pursuance of the same, the 3'''^ respondent the proceedings which is impugned in the present writ petition. 11. This Court further observed that, earlier the petitioner has filed O.A before the A.P. Administrative Tribunal and the said O.A was dismissed. Later, aggrieved by the same, the petitioner preferred WP No.40928 of 2018 seeking to reinstate the petitioner into service. Later, this Court vide order 9 dated 30.07.2019 in WP No.40928 of 2018, wherein this Court has disposed of the said writ petition directing the respondent authorities to conclude the disciplinary enquiry initiated against the petitioner therein pursuant to the charges framed on 29.03.2018 wide proceedings No.R/No.9050/A5/20 17, as expeditiously as possible, preferably within a period of four months, from the date of receipt of a copy of the order, in accordance with law. In view of the said-direction, this Curt also deems it appropriate to set aside the order passed by the Tribunal in M.A.No.551 of 2018 in O.A.SR.No.2970 of 2008. 12. As seen from the impugned proceedings in Rc No.9050/A5/2017 dated 15.08.2020 of the 3"'^ respondent. Wherein it is observed that: 11. In the reference 9th cited, the individual submitted her defence statement on 16.11.2019. basing on the defence statement this office appointed Enquiry officer and presenting officer vide Rc. No.9050/A5/2017, Dated. 06.01.2020. . In the reference 11th cited, the Enquiry officer submitted the enquiry report on 31.03.2020 and stated that Smt. S. Suhasini, was appointed as SGT on 31.01.1997 at MPPS. Sangam Cheruvu, Palakol Mandal. She went to Uganda in the year 2002 and alter return she joined as SCT in MPPS Ballipadu Garuvu on 27.08.2005. she has applied for Modical leave from 26.05.2006 and extending upto 27.03.2010 by extending leave year by year, she has not submitted any Medical certificate. She went to Uganda and stayed there with her husband. She went Uganda without obtaining prior permission from the department. By applying Medical leave without producing a Medical certificate and went Uganda which is highly irregular. She was not applied for Joining into service even after expiry of her leave. After the demise of her joining to the post After 2 years i.e., in the year 2017 she approached the authorities through the letter dated 09.11.2017 and requested for reappointment sympathetically. ’’ 13. On a perusal of the material on record, this Court observed that, pursuant to the representation dated 9.11.2017 made by the petitioner, the District Educational Officer, initiated disciplinary action against the petitioner by issuing charge memo on 29.01.2018, thereafter, no action has been taken to the said charge memo. It is the contention of the respondents that though 10 there is no valid explanation offered by the petitioner for her absenteeism for duties, they issued termination proceedings. Further, this Court observed that, in the earlier writ petition filed by petitioner, this Court has directed the respondent authorities to conclude the disciplinary enquiry pursuant to the charges framed on 29.01.2018 as expeditiously as possible. In pursuance of the above orders, the respondent authorities, without considering the facts and material paced by the petitioner in proper perspective, submitted the enquiry report. Basing on the enquiry report and by referring the instructions issued by the Government in G.O.Rt No.128 dated 01.06.2007, the respondent authorities issued the termination proceedings, which is highly illegal and arbitrary. 14. Having regard to the facts and circumstances of the case and on considering the submissions of learned counsel for the petitioner, this Court is of the considered view that, inclined to allow the petition by setting aside the impugned order. 15. Accordingly, the Writ Petition is allowed. The impugned rd proceedings in Rc.No.9050/A5/2017, dated 15.8.2020 issued by the 3 respondent is hereby set aside. Further, the respondents are directed to re instate the petitioner into service from the date of receipt of a copy of this order. It is made clear that the petitioner is not entitled to claim monetary benefit from the date of proceedings dated 15.8.2020 as she was not attended duty on the principle of “NO WORK-NO PAY”. There shall be no order as to costs. r 11 ( ‘ 16. There shall be no order as to costs. 17. As a sequel, all the pending miscellaneous applications shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER One fair copy to the HONOURABLE DR JUSTICE K MANMADHA RAO (For His Lordships Kind Perusal) To, 1. The Principal Secretary, School Education Department, State of Andhra Pradesh, Secretariat, Veiagapudi, Amaravati, Guntur District. 2. The Director of School Education, Government of Andhra Pradesh, Guntur, Guntur District. 3. The District Educational Officer, West Godavari District at Eluru. 4. One CC to Sri. J Sudheer Advocate [OPUC] 5. Two CCs to GP for School Education, High Court Of Andhra Pradesh. [OUT] 6. 9 LR Copies 7. The Under Secretary, Union of India, Ministry of Law, Justice and Company Affairs, New Delhi. 8. The Secretary, A.P Advocates’ Association Library, High Court Buildings, Amaravathi. 9. Three CD Copies GSC HIGH COURT DATED:21/02/2025 ORDER WP.No.19243 of 2020 -s 5 10 MAR 2025 S a Co, ^ . Current Section , ALLOWING OF THE WP WITHOUT COSTS