"GOVERNMENT OF ANDHRA PRADESH
SOCIAL WELFARE (T) DEPARTMENT
Memo. No.537/T1/88-1, * Dt: 2-7-1988.
Sub: Tribal Welfare - Avoidance of allotment of works to Dr. P.Sivarama Krishna, Director, Sakti, a voluntary organisation in Rampachodavaram.
It has been reported that Dr. P.Sivarama Krishna, Director, Sakti, a voluntary organisation in Rampachodavaram, East Godavari District has very bad reputation and that Criminal cases have been registered against him.
The Project Officer, Integrated Tribal Development Agency, R.Chodavaram is there for advice to desist from patronizing Dr. P.Sivarama Krishna, Director, Sakti, in the allotment of Tribal Welfare Works. He is further requested to bring this memo to the notice of all other departments in the district, who are concerned with the allotment of works.
Sd/- P.V.Swamy,
Dy.Secretary to Govt.
- This Memo was quashed in W.P. No. 14963/1988 Order dated.26-02-92.
- The Order follows
IN THE HIGH COURT OF JUDICATURE : ANDHRA PRADESH : HYDERABAD
(SPECIAL ORIGINAL JURISDICTION)
FRIDAY THE TWENTY SIXTH DAY OF JUNE
ONE THOUSAND NINE HUNDRED NINETY TWO
PRESENT:
THE HON'BLE MR. JUSTICE REDDAPPA REDDY
WRIT PETITION NO: 14963 OF 1988.
Between:
Dr. P.Sivarama Krishna. ... Petitioner.
And
The Deputy Secretary to Govt.,
Special Welfare (T) Department,
Government of Andhra Pradesh,
Secretariat Buildings,
Hyderabad . ... Respondents.
Petition under article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed in herein the High Court will be pleased to issue a writ, order particularly one in the nature of a Writ of Mandamus declaring the action of the respondent in issuing Memo.No.537/T1/88-1, dt. 2-7-1988 as illegal and void.
Counsel for Petitioner: Mr.A.Ramalingeswara Rao
Counsel for Respondent: The Govt., Pleader for Social Welfare.
The Court made the following:
O R D E R:
The Petitioner is a Director of 'Sakti' a voluntary organisation in Rampachodavaram. He has filed this writ petition challenging the order of the respondent in Memo No.537/T1/88-1, dt.2-7-1988, which reads as follows:
"GOVERNMENT OF ANDHRA PRADESH
SOCIAL WELFARE (T) DEPARTMENT
Memo. No.537/T1/88-1, Dt: 2-7-1988.
Sub: Tribal Welfare - Avoidance of allotment of works to Dr. P.Sivarama Krishna, Director, Sakti, a voluntary organisation in Rampachodavaram.
It has been reported that Dr. P.Sivarama Krishna, Director, Sakti, a voluntary organisation in Rampachodavaram, East Godavari District has very bad reputation and that Criminal cases have been registered against him.
The Project Officer, Integrated Tribal Development Agency, R.Chodavaram is there for advice to desist from patronizing Dr. P.Sivarama Krishna, Director, Sakti, in the allotment of Tribal Welfare Works. He is further requested to bring this memo to the notice of all other departments in the district, who are concerned with the allotment of works.
Sd/- P.V.Swamy,
Dy.Secretary to Govt.
It is contended by the learned counsel for the petitioner that the impugned memo not only attaches stigma to the petitioner but also affects the interests of 'Sakti' which is serving the interests of tribals. It is his case that the said memo is in violation of the principles of natural justice as no notice has been given to the petitioner. The fact that no notice has been given to the petitioner before passing the impugned memo is admitted in paragraph-4 of the counter-affidavit. I am satisfied that the order impugned, attaches stigma to the petitioner and also affects that interests of the tribals. As such in all fairness, the petitioner should have been heard before passing the same. In the circumstances, the impugned memo is liable to be quashed and it is accordingly quashed.
In the result, the writ petition is allowed. No costs. Advocate's fee Rs. 300/-.
Sd/- G.V.SUBBARAO,
ASSISTANT REGISTRAR.
// True Copy //
ASSISTANT REGISTRAR.
To
• The Deputy Secretary to Government, Social Welfare Department (T),
Govt. of A.P., Secretariat Buildings , Hyderabad .
• 2 C.C's to Govt., Pleader for Social Welfare, High Court of A.P., Hyderabad .
• One C.D. copy.
1 C.C. to Mr. A.Ramalingeswara Rao, Advocate. |
