Telangana High Court
Sri. Easam Sammiah vs The State Of Telangana on 4 February, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No. 28820 OF 2021
O R D E R:
Petitioner seeks to declare the action of the 4th respondent -Manager, GPC Society Limited, Yellandu in directing him to surrender before the Divisional Office, GCC Ltd., Bhadrachalam, upon the instruction of the 3rd respondent
- Telangana Girijan Co-operative Corporation Limited vide Rc.No. B/22/2021, dated 06.09.2021, as illegal, arbitrary, and in violation of the fundamental rights of the petitioner and against the Girijan Cooperative Corporation Ltd. Service Rules. He therefore, seeks a direction to respondents to permit him to continue working as a Measurer-Cum-Watchman (MCW) at GPCS Ltd., Yellandu.
2. The case of petitioner is that he was appointed as a Measurer-Cum-Watchman (MCW) Grade IX employee in 1985 and has been serving in various centres of the respondent Corporation since then. He was finally posted at Yellandu ten years ago and was assured that he would continue working 2 there till his retirement. Petitioner resides with his family in Yellandu, Khammam District and seeks to complete his remaining years of service at the same location. It is stated, on 27.08.2021, his uncle passed away, and final ritual ceremony was performed on 06.09.2021. Consequently, on 04.09.2021, petitioner applied for leave on 06.09.2021 by submitting a written request to the 4th respondent. However, on 07.09.2021, petitioner was handed over the impugned letter alleging that his absence on 06.09.2021 was unauthorized. Petitioner contends that he duly informed the authorities about his absence and had valid reasons for taking leave.
It is further stated, pursuant to the impugned letter, on 09.09.2021, petitioner reported to the 3rd respondent's office and expressed his willingness to join duty, however, the latter refused to allow him join duty at Bhadrachalam and directed him to return to Yellandu. Petitioner stated that he is being treated unfairly by Respondents 3 and 4, as they are not allowing him to work at either Yellandu or Bhadrachalam. According to him, since September 2021, he has been regularly 3 reporting to Yellandu office but is being denied entry and made to sit outside the office premises. The 4th respondent has allegedly warned him that he would have to spend the rest of his service period outside the office gate. Hence, he filed this Writ Petition contending that action of respondents is unwarranted, arbitrary, and in violation of his fundamental rights.
3. The 3rd respondent filed a counter affidavit stating that on 23.07.2021, the accountant Sri Lakshman lodged a complaint against petitioner, alleging that he was not discharging his duties properly and was creating nuisance by speaking loudly on his mobile phone. Additionally, on 08.08.2021, another complaint was lodged against petitioner, stating that himself and his friends were attending the office in an inebriated condition during duty hours and not performing their work properly. The complaints further alleged that petitioner, who claims to be the Central Union Vice President, was intimidating staff members and causing disruptions in the workplace. In response to these complaints, the 3rd respondent visited the 4th respondent's office to conduct an inspection and 4 directed the latter to hold a staff meeting to address the issues. It is stated, after conducting the meeting, the 4th respondent was instructed to surrender petitioner to the Divisional Office, Bhadrachalam vide order impugned. This respondent admitted that petitioner submitted his joining report on 09.09.2021 and requested posting orders, however, respondents allege that petitioner only attended the office for two to three days as a visitor and did not report for duty for nearly ten days. Therefore, the 3rd respondent issued notice to petitioner directing to attend the office within 24 hours from the date of receipt of the notice dated 25.09.2021, but petitioner neither gave any reply nor reported to duty. Subsequently, on 20.10.2021, a final notice was issued, but in vain. Consequently, the 3rd respondent informed the 2nd respondent's office regarding petitioner's failure to report, leading to issuance of surrender proceedings vide Rc.No.N/205/2021, dated 09.11.2021. It is also alleged that when Accountant Mr. Lakshmaiah, accompanied by Salesman M. Rajanna, attempted to serve the said proceedings at petitioner's 5 residence, he initially refused to accept citing ill health. When a second attempt was made on 21.11.2021, he allegedly used abusive language and refused to accept the proceedings, as stated in the report dated 22.11.2021.
4. Heard Sri Mirza Nisar Ahmed Baig, learned counsel for petitioner as well as learned Government Pleader for Social Welfare.
5. A perusal of the order impugned dated 06.09.2021 shows that petitioner, who was unauthorised absentee on 06.09.2021, was directed to surrender before the Divisional Office, GCC Limited, Bhadrachalam on the ground that he remained absent on that date without prior permission of the undersigned and further he had been creating nuisance (speaking in cell phone biggerly) in office premises frequently. In this connection, it is to be seen that petitioner applied for leave on 04.09.2021 itself for a valid reason and had informed the authorities in advance. He annexed copy of leave letter and ceremony card to Writ Petition to show his bona fides. Further, 6 he approached the Divisional Manager, Bhadrachalam and reported to duty, as is evident from the letter dated 09.09.2021 annexed as page 17, but he was not allowed stating that there was no vacancy available at Bhadrachalam.
6. On the other hand, the 3rd respondent admitted that petitioner submitted his joining report on 09.09.2021 and requested posting orders, however, he attended the office for two to three days as a visitor and did not report for duty for nearly ten days. Therefore, they issued notice to petitioner directing to attend the office within 24 hours from the date of receipt of notice dated 25.09.2021 before the Divisional Office, Bhadrachalam, but petitioner neither gave any reply nor reported to duty. Subsequently, on 20.10.2021, a final notice was issued to attend the office within 24 hours, else, a report would be submitted to the Head Office, GCC Limited, Hyderabad for taking disciplinary action, but in vain. Consequently, the 3rd respondent informed the 2nd respondent's office regarding petitioner's failure to report, leading to issuance of surrender proceedings vide Rc.No.N/205/2021, dated 09.11.2021 to the 7 Head Office, GCC Limited, Hyderabad. It is also alleged that when Accountant Mr. Lakshmaiah, accompanied by Salesman M. Rajanna, attempted to serve the said proceedings at petitioner's residence, he initially refused to accept citing ill health. When a second attempt was made on 21.11.2021, he allegedly used abusive language and refused to accept the proceedings, as stated in the report dated 22.11.2021.
7. In these set of facts, as could be seen from the material, petitioner submitted leave letter on 04.09.2021, his absence on 06.09.2021 cannot be treated as unauthorised. Further, the other ground shown in the proceedings dated 06.09.2021, impugned in this Writ Petition, shows that the accountant gave complaints against petitioner stating that he is speaking in cell phone loudly and coming in an inebriated condition does not constitute a ground for surrendering him before the Divisional Office. However, according to petitioner, he reported to duty on 09.09.2021 before the 3rd respondent, but they did not allow him join duty. In the light of the same, this Court is of the opinion that ends of justice would be met if a 8 direction is given to the 3rd respondent Divisional Manager, Bhadrachalam to allow petitioner to join duty.
8. The Writ Petition is therefore, disposed of directing the 3rd respondent to allow petitioner, if reports, to join duty at Divisional Office, GCC Limited, Bhadrachalam. No costs.
9. Miscellaneous Applications, if any shall stand closed.
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NAGESH BHEEMAPAKA, J 04th February 2025 ksld