\ APHC010700872018 |N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0 (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33918 OF 2018 Between: Veesam Venkata Rama Krishna Rao, S/o. Venkata Ramana, Hindu, aged 41 years, Occ. Vice Principal and TGT (Science)Teacher (Under suspension), Ekalavya Model School, G.K. Veedhi Village and Mandal, Visakhapatnam District. Andhra Pradesh State. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Tribal Welfare Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Secretary, A.P. Tribal Welfare Residential Education institutions (Gurukulam), Tadepalli, Amaravathi, Guntur District. 3. The Project Officer (District Secretary, Gurukulam), ITDA, Paderu, Visakhapatnam District. 4. OSD (Academic) (Enquiry Officer), A.P. Tribal Welfare Residential Educational Society (Gurukulam), Tadepalli Amaravathi, Guntur District. ...Respondent(S): 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 Writ of mandamus, declaring the action of the respondents i departmental in initiating Procgs. proceedings vide Rc.No.B3/Disc.Cases/URJC(B)GKV/2018, of the 2nd respondent without following the procedure stipulated in Rule 20 of A.P. Civil Service(CC and A) Conduct Rules as arbitrary, illegal, highhanded and violation of principles of natural justice consequently direct the respondents to drop the departmental proceedings Rc.No.B3/Disc.Cases/URJC(B)GKV/2018, issued by the 2"^^^ respondent. against vide proceedings launched me (Main Prayer amended/substituted as per C.O. dt. 07.04.2025 vide lA 1/2023.) lA NO: 1 OF 2018 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 to stay the departmental proceedings vide Procgs. Rc.No.B3/Disc.Cases/URJC(B)GKV/2018 of the 2nd respondent along with consequential proceedings initiated by the 4th respondent, pending disposal of the writ petition. lA NO: 2 OF 2018 Between: The Secretary, A.P. Tribal Welfare Residential Education Institutions (Gurukulam), Tadepalli, Amaravathi, Guntur District. ...PETITIONER/RESPONDENT N0.2 AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Tribal Welfare Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Project Officer (District Secretary, Gurukulam), ITDA, Paderu, Visakhapatnam District. 3. OSD (Academic) (Enquiry Officer), A.P. Tribal Welfare Residential Educational Society (Gurukulam), Tadepalli Amaravathi, Guntur District. ...RESPONDENTS/RESPONDENTS Veesam Venkata Rama Krishna Rao, S/o. Venkata Ramana, Hindu, aged 41 years, Occ. Vice Principal and TGT (Science)Teacher (Under suspension), Ekalavya Model School, G.K. Veedhi Village and Mandal, Visakhapatnam District. Andhra Pradesh State. ...RESPONDENT/PETITIONER 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 stay orders passed in WP.No. 33918/2018 dated 25.09.2018 in the interest of justice. Counsel for the Petitioner: S V R SUBRAHMANYAM Counsel for the Respondent No.2: SRI P V RAMANA Counsel for the Respondent Nos. 1,3 & 4: GP FOR SOCIAL WELFARE The Court made the following: ORDER APHC010700872018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 33918/2018 Between: 1.VEESAM VENKATA RAMA KRISHNA RAO,, S/0. VENKATA RAMANA, HINDU, AGED 41 YEARS, OCC. VICE PRINCIPAL AND TGT (SCIENCE)TEACHER (UNDER SUSPENSION), EKALAVYA MODEL school, G.K. VEEDHI VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT. ANDHRA PRADESH STATE. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE SECRETARY, A.P. TRIBAL WELFARE RESIDENTIAL EDUCATION INSTITUTIONS( GURUKULAM), TADEPALLI, AMARAVATHI. GUNTUR DISTRICT. 3.THE PROJECT OFFICER DISTRICT SECRETARYGURUKULAM, ITDA, PADERU, VISAKHAPATNAM DISTRICT. 4.0SD ACADEMIC ENQUIRY OFFICER, A.P. TRIBAL WELFARE RESIDENTIAL EDUCATIONAL SOCIETY (GURUKULAM), TADEPALLI AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): 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 a nature of Writ of Mandamus, declaring the action of the respondents in departmental Procgs.Rc.No.B3/Disc.Cases/URJC(B)GKV/2018, of the 2nd respondent without following the procedure stipulated in Rule 20 of A.P. Civil Service(CC and A) Conduct Rules as arbitrary, illegal, highhanded and violation of principles of natural justice consequently direct the respondents to drop the departmental proceedings launched against me vide proceedings R.C. No. B3/Disc.cases/URJC(B)GKV/2018 issued by the 2nd respondent and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case. Main initiating proceedings vide 2 Prayer amended/substituted as per Court Order dated 07.04.2025 vide lA No.1of2023in WP No.33918 of 2018 Counsel for the Petitioner: 1.S V R SU BRAHMAN YAM Counsel for the Respondent(S): 1.GP FOR SOCIAL WELFARE (AP) 2.P VRAMANA The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: " ... to issue a writ order or direction more particularly one in a nature of Writ of Mandamus, declaring the action of the respondents in initiating departmental proceedings vide Procgs.Rc.No.B3/Disc.Cases/URJC(B)GKV/2018, of the 2"'^ respondent without following the procedure stipulated in Rule 20 of A.P. Civil Service(CC and A) Conduct Rules as arbitrary, illegal, highhanded and violation of principles of natural justice consequently direct the respondents to drop the departmental proceedings launched against me vide proceedings R.C. No. B3/Disc.cases/URJC(B)GKV/2018 issued by the 2nd respondent and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case. Main Prayer amended/substituted as per Court Order dated 07.04.2025 vide lA No.l of 2023 in WP No.33918 of 2018 " 2. Thereafter, the prayer was amended as per the order of this Court dated 07.04.2025 in lA No.l of 2023 and the amended prayer reads as under: " to permit me to amend the prayer as consequently direct the respondents to drop the departmental proceedings launched against me vide proceedings R.C. No. B3/Disc.case URJC(B)GKV/2018 issued by the 2nd respondent instead of to issue a writ or order or direction one in the nature of writ of mandamus declaring the action of the respondents in initiating departmental proceedings vide R.C.No.B3/Disc.cases/UR]C(B)GKV/20 18 of the 2nd respondent without following the procedure stipulated in Rule-20 of A.P. Civil Services C.O and A Conduct Rules as arbitrary, illegal, high handed and violation of Principles of Natural Justice, consequently direct the respondents to foliow the procedure prescribed and to stop the departmental proceedings pending SSC No. 134/2018 on the file of Metropolitan Sessions Judge at Visakhapatnam" and to pass ...." 3. Brief facts of the case are that: - Y 3 i) Initially, Petitioner joined as a Teacher (Science) on contract basis on 17.08.2000 in A.P.Tribal Welfare Residential Education Institute (Ekalavya Model School) (Gurukulam), G.K.Veedhi, Visakhapatnam and his service was regularised on 30.08.2008. From August, 2015, he was the in-charge Vice Principal of the institution, ii) While so, Kum.T.Durga Bhavani, who came to the school to see her brother-in-law(Lova Srinu), gave a report dated 07.12.2017 against the Petitioner to the Deputy Superintendent of Police, Chintapalli on the allegation that the Petitioner assaulted her and had sexual intercourse forcibly without her consent in a room of the School. Based on the said complaint, a case in Crime No.55 of 2017 was registered against the Petitioner by G.K.Veedhi Police Station. Petitioner was arrested on 17.01.2017 and he was suspended from service in December, 2017. iii) Basing on the preliminary report dated 15.05.2018 submitted by respondent No.4, Respondent No.2 issued proceedings without date along with article of charges to hold an enquiry against the Petitioner. Petitioner submitted his written statement of defence on 17.07.2018. iv) After investigation, police filed charge sheet, which is the subject matter of Sessions Case No. 134 of 2018 on the file of the Court of Metropolitan Sessions Judge, Visakhapatnam. v) Questioning the departmental proceedings of the respondent No.2 and initiating criminal case. Petitioner filed the present Writ Petition. 4 4. Heard Sri SVR Subrahmanyam, learned counsel for the Petitioner and learned Assistant Government Pleader appearing for respondents. Perused the material on record. 5. Learned counsel for the Petitioner would submit that the Petitioner while working as Vice Principal of Gurukulam, certain allegations were levelled against him, which turned into SC No. 134 of 2018 on the file of the Metropolitan Sessions Judge, Visakhapatnam (renumbered as SC No.l255 of 2019). Further, in the light of the interim order granted by this Court on 25.09.2018, departmental enquiry initiated against the Petitioner by respondent No.2 were stalled. Despite the representation made to the respondent authorities, after the criminal case ended in acquittal requesting to close the departmental proceedings. But there is no response till date. Learned counsel submits that liberty may be given to the Petitioner to submit a fresh representation to the respondent authorities and a direction may be given to the respondent authorities to take an appropriate decision on the said representation. 6. Learned Assistant Government Pleader would submit that the Court may pass appropriate orders. 7. It is necessary to extract the interim order passed by this Court on 25.09.2018 and it reads thus: "Prima facie, having regard to the nature of the charges in SC No. 138 of 2018 in the Court of the I Additional District and Sessions Judge-cum- Metropolitan Sessions Judge, Visakhapatnam, and the charge in the departmental proceedings, continuation of the departmental proceedings would prejudice the criminal proceedings and affect the defence of the petitioner in J 5 the criminal case pending against him. Therefore, balance of convenience is in' favour of the Petitioner. Hence, there shall be interim stay as prayed for." 8. Considering the submissions and a fair look at the material on record. the criminal case lodged against the petitioner was ended in acquittal. 9. In the light of the same, liberty is granted to the petitioner to make a fresh representation to respondents 2 and 3 within a period of three months from the date of receipt of a copy of this Order. On receipt of such representation. Respondents 2 and 3 shall consider and take an appropriate decision over the matter according to the governing rules and law within a period of two months thereof. 10. With the above direction, the Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. _ Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Tribal Welfare Department Buildings, Velagapudi, Guntur District. 2. .The Secretary, A.P. Tribal Welfare Residential Education Institutions (Gurukulam), Tadepalli, Amaravathi. Guntur District. 3. The Project Officer (District Secretary, Gurukulam), ITDA, Paderu, Visakhapatnam District. 4. OSD (Academic) (Enquiry Officer), A.P. Tribal Welfare Residential Educational Society (Gurukulam), Tadepalli Amaravathi, Guntur District. 5. One CC to Sri S V R Subrahmanyam, Advocate [OPUC] 6. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh. [OUT] 7. One CC to Sri P V Ramana, Advocate [OPUC] 8. Two CD Copies Secretariat TF HIGH COURT DATED:10/04/2025 ORDER WP 33918/2018 5( 2 9 JUL 2025 )g V SectjopX»^ DISPOSING OF THE W.P., WITHOUT COSTS *•''