4.01.2023 Ksr vs Unknown
2023 Latest Caselaw 86 AP

 HIGH COURT OF ANDHRA PRADESH::AMARAVATI
 MAIN CASE No: W.P. NO.159 OF 2023
                                  PROCEEDINGS SHEET
Sl.                                                                                                   OFFICE
                                                                                                       NOTE
No.
       DATE                                           ORDER
1.    04.01.2023   KSR,J

                        Notice    before      admission.       The     learned      Government
                   Pleader for School Education takes notice on behalf of the
                   respondent      Nos.1 to 5. The learned                  counsel      for the

petitioner is permitted to take out personal notice to the respondent Nos.6 and 7 by registered post with acknowledgment due and to file proof of service into the Registry by 01-02-2023.

In this writ petition, the petitioner questions impugned notice, dated 28-12-2022, issued by the 3rd respondent- District Educational Officer to conduct a detailed enquiry on the complaint made by the 6th respondent.

Sri N.Subba Rao, learned Senior Counsel appearing for Sri M.Devi Prasad, the learned counsel for the petitioner, strenuously contends that earlier the 6th respondent has filed a suit in O.S.No.701 of 2005 on the file of the court of II Additional Junior Civil Judge, Guntur against the petitioner-institution seeking permanent injunction. After an elaborate trial, the said suit was dismissed by way of judgment and decree, dated 19-10-2010. Questioning the said judgment and decree, the 6th respondent filed an Appeal i.e., A.S.No.490 of 2010 before the Court of II Additional District Judge, Guntur, which was also dismissed on 21-10-2016. Having lost before the competent civil court as well as before the appellate court, the 6th respondent made a complaint before the 1st respondent, which was in turn forwarded to the 3rd respondent. On the basis of the frivolous complaint, the 3rd respondent initiated the proceedings by appointing an enquiry officer. As seen from the material placed before this court, respondent Nos.1 to 3 Sl. OFFICE NOTE No.

DATE ORDER ought not to have entertained the complaint made by the 6th respondent. If at all the 3rd respondent wants any information from the petitioner, he is at liberty to issue notice to the petitioner by granting some time, asking him to furnish the information, without reference to the th complaint made by the 6 respondent. Thereafter, the petitioner is directed to furnish the details of said rd information, as sought by the 3 respondent, by the date so fixed by the 3rd respondent in his notice. Thereafter, the 3rd respondent is directed to pass appropriate orders in accordance with law uninfluenced by the complaint made by the 6th respondent. Till such time, the respondents are directed not to take any coercive steps.

So far as the enquiry by the respondent Nos.4 and 7 is concerned, the same is stayed until further orders.

Post on 01-02-2023.

_________________ K.SURESH REDDY,J TSNR