Telangana High Court
Sri Baira Shankar vs The Government Of India on 12 December, 2023
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.31920 OF 2023
ORDER:
Heard Sri Bethi Venkateshwarlu, learned counsel for the petitioner and Sri Sanjeev Gillela, learned Standing Counsel for Central Government appearing on behalf of respondent Nos.1 to 3 and learned Government Pleader for Information Technology appearing on behalf of respondent No.4.
2. The Petitioner approached this Court seeking prayer as under:
"to issue an appropriate writ, order or directions more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents more particularly the respondent No.3 in deactivating the petitioner's EA Supervisor ID. S_RR_GOV_250 all of a sudden on 16.11.2023, without issuing any prior show cause or otherwise, as highly arbitrary, bad, illegal and contrary to the Circular (Policy for enforcing of Aadhar 9 enforcement and update) Regulations 2016, Process, Standards, guidelines, data quality and containing corrupt/fraudulent practices (Version 4.1) issued by the respondent No.2) dated 30.11.2022 and violation of the articles 14 & 21 of the Constitution of India and amounts to violation of principles of natural justice and consequently direct the respondents more particularly the respondent No.3 to activate the petitioner's E A supervisor ID:2
S_RR_GOV_250, forthwith and pass such other order or orders in the circumstances of the case."
3. The case of the petitioner as per the averments made in the affidavit filed by the petitioner in support of the present writ petition is that in pursuance of the allotment of Aadhaar Centre by the District Collector, vide proceedings dated 09.05.2019, the petitioner is running the said Aadhaar Centre in the government premises at MEO Office, Saroornagar Mandal, Ranga Reddy District. While things stood thus, on 16.11.2023 the petitioner noticed on the Aadhaar portal screen as 'Client Error' and immediately he sent e-mail to the respondent No.3 requesting to send reason for error, however, no reply is received by the petitioner from Respondent No.3. The petitioner has also contacted respondent No.5, but respondent No.5 informed that they have no intimation about the same and they might have deactivated the Aadhaar supervisor ID of the petitioner. For the reasons best known to the respondent No.3, without issuing any prior show cause notice and without any specific allegations against the petitioner, straightway the Aadhaar EA supervisor ID No.S_RR_GOV-250 of the petitioner is deactivated and it is contrary to the Circular (Policy for 3 enforcing of Aadhar 9 enforcement and update) Regulations 2016, Process, Standards, guidelines, data quality and containing corrupt/fraudulent practices (Version 4.1) issued by the respondent No.2) dated 30.11.2022. Therefore, aggrieved by the said deactivation of the petitioner ID, the present writ petition is filed.
4. It is the specific case of the petitioner that after filing of the present Writ Petition, show cause notice dated 22.11.2023 had been issued by the Deputy Director (Tech) Government of Telangana, Office of the Commissioner ESD (MeeSeva) Hyderabad, calling upon the petitioner to submit an explanation on the ground raised in the show-cause notice, dated 22.11.2023 that the petitioner had violated the process guidelines of UIDAI. The further case of the petitioner is that in pursuance of the show cause notice, dated 22.11.2023, he had submitted an explanation dated 24.11.2023 and sought for further details so as to enable him to submit the explanation in support of his defence.
5. Learned counsel for the petitioner draws the attention of this Court to the letter of respondent No.5, vide Lr.No.A7/1234/UIDAI/SCN/2022 dated 04.12.2023 addressed 4 to the Director -UIDAI, 6th floor, Swarna Jayanthi complex, Ameerpet, Hyderabad. The said letter reads as under:-
"GOVERNMENT OF TELANGANA ITE & C DEPARTMENT From: To:
Jayesh Ranjan I.A.S., The Director-UIDAI, 6th Floor, Commissioner, ESD (MeeSeva), Swarna Jayanthi Complex, Road No.7 Banjara Hills, Ameerpet, Hyderabad. Hyderabad - 500 034.
Sir, Lr.No.A7/1234/UIDAI/SCN/2022 Dated:04.12.2023 Sub: Aadhaar - Deficiency Reports of Aug & Sept 2023 -
Violation of process guidelines by Operators / Supervisors of ESD (EA Code 2081) - ODB Survey/Data quality errors / Fraudulent practices - Details of violations furnished - Show cause Notice issued - Explanation of Sri Baira Shankar forwarded - Reg.
Ref: 1. The Deputy Director UIDAI R O Hyderabad show cause Notice No.RO-HYD-28015/5/2022-RO-HYD/Def Dt:21.11.2023,(19) Operator / Supervisor.
2. This office Show cause Notice No.A7/1234/UIDAI/SCN/2022 Dated:22.11.2023.
3. Explanation received from Sri Baira Shankar Dated:25.11.2023.
@@@@@ "Vide ref. 1st cited, Deputy Director UIDAI RO Hyderabad has communicated deficiency reports for Aug & Sept 2023, in which it was stated that (19) Operator/Supervisors have violated the UIDAI provisions and it was requested to suspend the operators within (15) days, after giving the operator involved a reasonable opportunity under the principles of natural justice. 5 Therefore, this office has issued a show cause notice to the concerned Aadhaar operators / supervisor of ESD vide ref. 2nd cited to submit their explanations. Vide ref. 3rd cited, Sri. Baira Shankar operator / supervisor has submitted an explanation and stated that to provide reasonable opportunity by providing details such as enrolment no, error description, missing/fraudulent etc., as alleged, other than the core biometrics, so as to verify the same and effectively submit his explanation in support of his defense. Till then, the operator has requested to reinstate / active operator id, otherwise, he will suffer severe irreparable loss and cause injustice to him. Therefore, the explanation is forwarded for taking necessary action at UIDAI level."
6. Learned counsel appearing on behalf respondent Nos.1 to 3 submits that the writ petition can be disposed of directing the respondent Nos.1 to 3 to consider the petitioner's explanation, dated 24.11.2023.
7. Taking into consideration the aforesaid facts and circumstances and duly taking into consideration the contents of Lr.No.A7/1234/UIDAI/SCN/2022, dated 04.12.2023, the Writ Petition is disposed of directing the respondent Nos.1 to 3 to consider the explanation submitted by the petitioner, dated 24.11.2023, in 6 response to the show cause notice dated 22.11.2023 issued by the Deputy Director (Tech), Government of Telangana, Office of the Commissioner ESD (MeeSeva) Hyderabad, duly considering the contents of Lr.No.A7/1234/UIDAI/SCN/2022, dated 04.12.2023, (referred to and extracted above), of the 5th respondent addressed to the Director-UIDAI, 6th Floor, Swarna Jayanthi complex, Ameerpet, Hyderabad in accordance to law and inconformity with principles of natural justice by giving an opportunity of personal hearing to the petitioner, within a period of three (3) weeks from the date of receipt of a copy of this order, and duly communicate the decision to the petitioner.
8. With these observations and direction, this Writ Petition is disposed of. However, there shall be no order as to costs.
As a sequel, Miscellaneous Petitions, if any pending, in this writ petition shall stand closed.
______________________________ MRS JUSTICE SUREPALLI NANDA Date: 12.12.2023 Note: Issue CC in three days.
(B/o.) ssm/isn