Andhra Pradesh High Court - Amravati
Nara Adikrishnaiah vs The State Of Ap on 27 May, 2020
Author: D Ramesh
Bench: D Ramesh
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z oar hearin AND RR * Re ¥y ween tere tree are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted before 25.06.2020, on which date the case stands posted for hearing.
IA 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 issue Interim Direction suspending the impugned. orders issued in Roc.No.C2/05/Nursing/Corres/SVIMS/2019, dt.11.5.2020 and the Memo, dt.15.5.2020 with a direction to continue the petitioner as Deputy Director, Padmavathi Medical College for Women, Tirupathi, Pending disposal of WP 8969 of 2020, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
EN eee eo On earlier occasion, this Court vide docket order, dated 22.05.2020 made the following:
"The petitioner, being aggrieved by the impugned order, dated 11.05.2020, reverting him from the post of Deputy Director to the post of Assistant Director and the orders, dated 12.5.2020 and 45.5.2020 transferring and relieving him, has approached this Court.
The petitioner, among various grounds, has raised the issue that the entire proceedings have been initiated and conducted by complying A.P.C.S. & C.C.A. Rules, 1991 and the said Rules are not applicable. Section 40 of the SVIMS Act requires that any Rules or Regulations made by the University would require the previous approval of the Government and such approval has not been obtained. He further submits that the A.P.C.S. & C.C.A. Rules would be applicable by virtue of Rule 12 of the Draft Rules, which stipulates that the provisions of the A.P.C.S. & C.C.A. Rules would also apply as no approval has been granted, neither from the Rules nor the C.C.A. Rules would apply.
Learned counsel would also submit that the punishment sought to be imposed is not provided in the Draft Rules or the A.P.C.S. & C.C.A Rules and the same is in violation of the judgment of this Court reported in K.C.Narayana Vs Managing Director, APSRTC, Hyderabad and others [2007 (5) ALD 416] and as such, the punishment imposed on the petitioner is not permissible."
"In view of the said circumstances, learned Standing Counsel is granted time till 26.05.2020 to obtain such papers and place the same before this Hon'ble Court. In the absence of such assent from the Government, there would be a prima facie case that the Draft Rules and the A.P.C.S. & C.C.A. Rules would not be applicable in view of the requirement of Section 40 of the SVIMS Act and the petitioner would be entitled to an interim relief as prayed for.
In these circumstances, post the writ petition on 27.05.2020 to afford an opportunity to the learned Standing Counsel to piace material before this Court that assent of the Government has been given in terms of Section 40 of the SVIMS Act. In the event such material is not placed, there shall be an interim direction as prayed for."
Accordingly, the matter is posted today.
The learned Special Government Pleader appearing on behalf of respondents has submitted that on earlier occasion, only section 40(1) was brought to the notice of this Court, and he read out to the Court Section 40(2)-
"Notwithstanding anything contained in sub-section (1), the first regulations under this Act shall be made by the Government and any regulations so made may be altered or rescind by the Governing Council in exercise of its powers and sub-section (1) with the approval of the Government."
He further submits that in the year 1999 through G.O.M.S.No.220, the management of the present institution has transferred and handed over to the Tirumala Tirupati Devasthanam and also brought to the notice of the Court about the orders passed by the 2" respondent, imposing punishment vide orders dated 10.12.2019 against the petitioner, wherein the punishment of CENSURE as per Rule -9(i} of CCA Rules, 1991 is imposed and in the last paragraph of that order, the provision for appeal was provided.
Availing the said provision, the petitioner has filed an appeal before the Director-cum-VC, $.V. Institute of Medical Sciences, Tirupati, on 09.03.2020 by virtue of G.O.Ms.220, dated 24.04.1999 said institute was transferred to the Tirumala Tirupati Devasthanam, Tirupati and Tirumala Tirupati Devasthanam Rules are applicable to the petitioner and Tirumala Tirupati Devasthanam has adopted the CCA Rules. Hence, the said rules are applied to the petitioner.
Reply to the said arguments, learned counsel appearing for the petitioner has stated that Section 39 provides, power to make rules and Section 40 provides, power to make regulations and Section 40(1) (e) is relevant to the present litigation.
Section 40(1) (e) reads as follows:-
"the tenure of office, salaries and allowances and other conditions of service of the officers, teachers and employees of the Institute;"
According to combined reading of Section 39 and Section 40 clearly stipulates that any regulations are made shall be subject to previous approval of the Government. So when it is a mandatory condition as per Section 40(1). And as per Section 40(2), first regulations under this act shall be made by the Government, and any regulations so made, may be altered or rescind by the Governing Council in exercise with the approval of the Government. According to the Section 40, there are no approved regulations so far.
In the impugned order passed by the 2™ respondent has clearly stated in preamble that departmental proceedings under Rule 20 of CCA Rules read with WZ SVIMS Draft Service Rules- Articles of charges issued. When the impugned order itself clarifies that the departmental proceedings are initiated, as per the Draft Service Rules and itis an admitted fact that the said Draft Service Rules were not approved by the Government under Section 40(1}.
In view of the submissions, there shall be interim suspension of the impugned' orders passed by the 2 respondent, dated 11.05.2020 and the consequential \, proceedings dated 15.05.2020. \ ak \ Notice to respondents 2 and 3. \ SD/- U. SIVALEELA \ DEPUTY REGIST RAR , HTRUE COPY// sectiowOkFICER To,
1. The Principal Secretary to Government, Health, Medical and Family Welfare Department, State of Andhra Pradesh, A.P.Secretariat, Velagapudi, Amaravathi, Guntur District >. The Director-Cum-Vice Chancellor, Sri Venkteswara Institute of Medical Sciences (SVIMS) Tirupathi, SVIMS, Tirupathi, Chittoor District
3. The Registrar, Sri Venkateswara Institute of Medical Sciences (SVIMS), Tirupathi, Chittoor District. (1 to 3 by RPAD and a copy of petition and affidavit) One CC to SRI.P.V.RAMANA Advocate [OPUC] .
One CC to SMT.MARELLA RADHA, STANDING COUNSEL (OPUC).
Two CCs to GP FOR MEDICAL & HEALTH ,High Court Of Andhra:Pre [OUT] _--
7. One spare copy SRL ounk HIGH COURT ORS DATED: 27/05/2020 NOTICE BEFORE ADMISSION WP.No.8969 of 2020 INTERIM SUSPENSION