Telangana High Court
Kotha Rakesh vs The State Of Telangana And 3 Others on 28 February, 2022
Bench: T.Vinod Kumar
1
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.10425 of 2022
ORDER:
This Writ Petition has been filed with the following prayer:
'For the reasons stated in the accompanying affidavit, it is
prayed that this Hon'ble Court may be pleased to issue an
appropriate Writ, Order or Direction, more particularly one in the
nature of Writ of Mandamus, to declare the inaction of
respondent No.4 herein in allowing the petitioner to attend to his
duties without passing any orders on the explanation dt.
11.1.2020 submitted by the petitioner to the show cause notice
dt.8.1.2020 as being illegal, arbitrary, unjust and unconstitutional
and consequently direct the respondent No.4 herein to commence
the enquiry and pass orders on the explanation dt.11.1.2020 as
expeditiously as possible and to grant such other relief or reliefs
as this Hon'ble Court deems fit and proper in the circumstances of
the case."
2. Heard learned counsel for the petitioner and learned Government
Pleader for Women Development and Child Welfare appearing for the
respondents, and with their consent, the Writ Petition itself is taken up for
hearing and disposal at the stage of admission.
3. Petitioner contends that he was issued with a show cause notice
vide Proceedings No.738/A1/2020, dated 08.01.2020, to which he had
given an explanation on 11.01.2020, and even after more than 2 years
having passed by, the respondents have not passed any order and also
not allotting any work to the petitioner and such action of the respondents
is illegal, unjust and unconstitutional.
4. Learned Government Pleader appearing for the respondents, per
contra, submits that the petitioner was initially appointed as a Contract
Employee for one year from 01.09.2018 to 31.08.2019, with a
consolidated pay of Rs.33,250/- and the said contract was renewed for a
further period of one year. However, during the said period, due to certain
omissions and commissions of the petitioner, he was issued with a show
cause notice, dated 08.01.2020, to which, the petitioner submitted his
explanation, on 11.01.2020. Thereafter, the petitioner, on his own will and
volition, submitted a letter dated 27.01.2020 tendering his resignation,
thereby, terminating the contract between the petitioner and the
respondents. The said fact of petitioner submitting the letter dated
27.01.2020 has been suppressed by him, while invoking the extraordinary
jurisdiction of this Court under Article 226 of the Constitution of India.
5. Learned Government Pleader further submits that the petitioner
suppressing the above said fact also approached the Telangana State
Commission for SCs and STs in relation to the show cause notice dated
08.01.2020 and the said Commission directed the authorities to examine
the matter and take necessary action. Thus, the learned Government
Pleader contends that the petitioner is in the habit of non-disclosure of the
entire facts and accordingly, approached the Commission as well as this
Court by resorting to suppression.
6. Learned Government Pleader also contends that it is settled
principles of law that the person, who invokes the extraordinary
jurisdiction of this Court, should come with clean hands and in support of
his contention, he places reliance on the judgment of the Hon'ble
Supreme Court in K.D.Sharma V/s. Steel Authority of India
Limited1.
7. Learned Government Pleader thus submits that since the petitioner
has approached this Court by suppressing the material facts, he is not
entitled for any relief and prays for dismissal of the Writ Petition.
(2008) 12 SCC 481
8. Having regard to the submissions made and considering the
affidavit filed by the petitioner before this Court, wherein there is no
mention about the petitioner submitting letter dated 27.01.2020, though
termed as 'resignation', in effect, the said letter would have to be
construed as termination of the contractual relationship between the
petitioner and the respondents, it is not open for the petitioner to
contend that the respondents are not passing orders on his explanation to
the show cause notice. Further, this Court is of the view that the act of
the petitioner in suppressing the above fact disentitles him from invoking
the extraordinary jurisdiction of this Court under Article 226 of the
Constitution of India.
9. In view of the same, the Writ Petition is devoid of merits and is
accordingly dismissed. No order as to costs.
10. Miscellaneous petitions, if any, pending in this writ petition shall
stand closed.
_________________
T. VINOD KUMAR, J
Date:28.02.2022
GJ/TBV
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.10425 of 2022
28.02.2022
GJ
