THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
W.A.No.348 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
31.10.2018 passed by the learned Single Judge in W.P.No.39124 of
2018.
The undisputed facts of the case reveal that a writ petition
was preferred before the learned Single Judge by the sole
respondent/employee challenging the order dated 08.07.2018
passed by the Regional Joint Director of School Education, Warangal, transferring and posting him at Government High School, Nellikuduru. It was the case of the respondent/employee that he has undergone neuro surgery and he was entitled for preferential treatment in the matter of posting. The writ petition was filed on 28.10.2018 and it was heard on 31.10.2018. No counter affidavit was filed in the writ petition by the respondents therein (appellants in the present appeal).
Learned Government Advocate appearing for the appellants was fair enough in informing this court that the appellants have complied with the order passed by the learned Single Judge by giving posting to the respondent/employee, keeping in view that he has undergone neuro surgery. However, he is confining the writ appeal only in respect of imposition of costs and the disciplinary action which has been directed to be initiated against appellant No.2 (respondent No.2 in the writ petition). 2
Learned counsel for the respondent/employee was also fair enough in stating that as the grievance of the respondent/employee has been remedied, imposition of costs and also the disciplinary action directed to be initiated by the learned Single Judge be waived.
This Court has carefully gone through the order passed by the learned Single Judge and it reveals that the matter was decided at motion hearing stage, without a counter affidavit. There was no occasion for the respondents therein to file reply. Therefore, as costs have been imposed and disciplinary action has been ordered against appellant No.2 (respondent No.2 in the writ petition) without hearing him, the order passed by the learned Single Judge to the extent costs have been imposed and disciplinary action has been ordered against him is set aside.
The writ appeal stands disposed of accordingly. Pending miscellaneous applications, if any, shall stand closed.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 19.11.2021 JSU