Andhra Pradesh High Court - Amravati
Smt. A. Vani, vs Dr.B.R. Ambedkar Open University, on 14 February, 2020
Author: T. Rajani
Bench: T. Rajani
SMT. JUSTICE T.RAJANI
WRIT PETITION No. 2279 OF 2020
ORDER:
This writ petition is filed seeking to declare the action of the respondents in orally discontinuing the services of the petitioner with effect from 19-10-2018 without passing any termination orders and informing the same to the petitioner through proceedings No. 539/Estt.A-IV/2019-20 dated 31-10-2019 issued by respondent No. 1 as illegal and arbitrary.
2. Heard.
3. Learned counsel for the petitioner submits that the petitioner went on leave from 19-10-2018 to 18-11-2018 and thereafter, she was not permitted to join the duty. Thereafter, a notice was issued to the petitioner on 15-05-2019 stating that One Man Enquiry Officer was appointed to enquire into the embezzlement of University funds that took place in the Finance Branch of the University causing loss to the University exchequer to the tune of Rs.46,46,842/- during the period from October, 2015, to September, 2017, and the petitioner was directed to appear before the enquiry officer and the petitioner was also called upon to offer her explanation. Accordingly, the petitioner offered her explanation on 22-05-2019. Thereafter, without considering the explanation of the petitioner, the impugned order 2 dated 31-10-2019 was passed without any inquiry and issued a cheque for Rs.4,92,500/- to the petitioner, thereby discontinuing her services.
4. From the above order, it can be seen that no inquiry was conducted with regard to the allegation and the explanation given by the petitioner was not considered and the impugned order also does not reflect any reasons being given for not accepting the explanation of the petitioner.
5. Hence, in view of the above, this Court deems it fit to set aside the impugned order and the impugned order dated 31-10-2019 is accordingly set aside.
6. The writ petition is allowed. Pending miscellaneous applications, if any, shall stand closed in consequence.
Date: 14-02-2020. ___________
Note: Issue C.C. today. T.RAJANI, J.
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SMT. JUSTICE T.RAJANI
WRIT PETITION No. 2279 OF 2020
DATE: 14TH FEBRUARY, 2020
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