Kotha Rakesh vs State Of Telangana And 3 Others

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.”

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.

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.

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.

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

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.

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 Limited (2008) 12 SCC 481.

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.

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.

In view of the same, the Writ Petition is devoid of merits and is accordingly dismissed. No order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.