High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a Writ, order or Direction more particularly one in the nature of writ of Mandamus, decraring questioning the action of the 2nd respondent in passing the impugned orders vide Memo No.CI\rlDlCGM(HRD/GM(DCypO_ D1F.No.3012-DEr18-2o, dt.2o.o1 .2021 punishment-orders for stoppage .of one annual grade increment with cumulative effect of the petitioner and same is confirmed by 2nd respondent vide orders Memo. No.CM D/CGtV(HRDycM(DC)/AS-DC_UpO_D/F. No.3 01 2_D2t 1 B-25, Dt.11.11 .2021 in without having power or authority and without jurisdiction, without appointing enquiry officer and without conducting any enquiry, without issuing any finar show cause notice before passing of the impugned orders, by imposing major penalty against the petitioner herein and the same was implemented by the 4th respondent in petitioner's service register d1.05.03.2024, without compretion of the appear period, is iilegar, arbitrary and against the principles natural justice and also violation of Article 14, 1g and 21 of constitution of lndia and consequenfly direct the respondent to pay the a[ consequentiar benefits, including the reimbursement of monetary benefits of the petitioner annual increment from llarch, 2021 . lA NO: 1 OF 2024 Petition under Section 15'r cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the 2nd respondent to suspend the impugned orders vide Memo No.cMD/cGM(HRDycN/(Dc)/po-D/F.No.3 012-DEt 1B-20, dt.zo 01.2021 and grant the monetary benefits incruding annuar grade increment to the petitioner herein, pending disposal of the main writ petition. Counsel for the Petitioner :SRl. DHARAVATH KISHORE KUMAR Counsel for the Respondent No.1 : Gp FOR efrfeneV Co_unsel.for the Respondent No.2 to z: MR.CHATDRASAEKAR S.C FOR N.P.D.C.L The Court made the following: OROER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETIT ION No.6O6O of 2o24 ORDER: Heard Mr.Kishore Kumar, learned counsel for the petitioner and Mr Chandrashekar, learned Standing Counsel for N.P.D.C.L for respondent Nos.2 to 7

2. The case of the petitioner is that the petitioner was working as line inspector in respondent organization' While he was working as Line Inspector at Khammam in the year 20 18, 6th respondent straight away without referring the matter to the petitioner gralted service connection to a consumer by name "Shiva Family Dhaba" at V.V. Palem, Khammam Urban and the said consumer had misused the energz and failed to pay the Charges, which resulted in loss to the respondent organization. In that regard, respondent No'2 issued show cause notice in 2O 18 to petitioner as well as to respondents 6 and 7 , calling for explanation for causing loss to the organization. In response thereto, petitioner filed detailed explanation stating that without his knowledge, respondents 6 and, 7 issued connection high-handedly without verifying or submitting any report to him and stated that respondent Nos'6 i rl] 2 NBKJ w.P. No.6060 of 2024 &,7 are responsible to the said illegai act ald requested to drop further action against him

3. It is further submitted that in the above said enquiry, t1.e Assistant Divisional Engineer, D.P.E., Khammam, submitted report dated 19.1i.2008 that respondents 6 and 7 are responsible for the above said illegal activity but without considering the said report arld without appointing any enquiry officer, contrary to the service law, straight away, respondent No.2 passed the impugned order, dated 20.01.2O2I, the same is confirmed by 2"d respondent without power or authority and imposing major penalty stoppage of one Annual grade Increment with cumulative effect is opposed to Articles 74, 19, 21 of Constitution of India.

4. It is submitted that f,ml ls5p6ndsnt is doing favoritism to 6th respondent, though 6th respondent committed the said illegal act without following the procedure contemplated under law. The said aspects lost sight of by 2na respondent, while paSsing the impugned orders as well as confirming the said orders in the post of appellant authority by the same 2.d respondent is totally bad in law and the entire impugned orders --- 3 NBKJ W.P. No.6O50 of 2024 passed by the 2"d respondent is totally nonest in the eye of law' on this ground alone the above writ petition is liable to be allowed. tearned Standing Counsel for N'P'D'C'L filed counter 5 afhdavit denying all the allegations made by the petitioner and stated that every employee of the respondent company is bound by the A.P.S.E. Board Service Regulations Part I' II' and III' As per Reguiation 4 of Part II, the respondent company has the power to interpret the said regulations, and its decision shall be final and binding on every employee' It is submitted that the D.P.E. Wing inspected the business premises of Shiva Family Dhaba and noticed certain irregularities' It is further submitted that the petitioner failed to record electricity consumption regularly against S.C. No.1427, Category II, V'V' Palem' and allowed the consumer to consume electricity without payment of current consumption (CC) bills' He was also responsible for releasing additional services without authorization' Thus' petitioner failed to discharge his legitimate duties and is held responsible for the loss sustained by N'P'D'C'L' It is further submitted that petitioner, instead of discharging his official duties with integrity, acted in a detrimental manner' As such' 4 NAKJ W.P. No.5O6O of 2024 \C.-.1 \l - the punishment of "stoppage of One Annual Grade Increment with Cumulative Effect,', imposed vide memo dated, 20.Ol.2O2l, and the rejection of appeal vide memo dated 1l.ll.2O2l, are fairly justified. Therefore, prayed this Court to dismjss the Writ Petition.

6. Having considered the respective submissions. it may be noted that it is specihc contention of the petitioner that enquiry report of Assistant Divisional Engineer, D.p.E., Khammam believes that respondent Nos.6 and Z are responsible for the alleged illegal Act. However, the 2,d respondent lost sight of that fact and straight away imposed impugned punishment vide order dated 20.Ol.2O2t. Further, the 2.d respondent himself in the capacity of Appellate authority confirmed the impugned punishment vide order dated I l.ll.2o2l.In that view of the matter, it cannot be said that no prejudice has been caused to the petitioner and therefore, the impugned order dated 2O.O1.2021 is liable to be set aside on this sole ground alone.

7. Accordingly, this Writ petition is allowed and the impugned order dated 20.O1.2021 is set aside. The respondent authorities are directed to conduct enquiry into the a-llegation 5 NBK,,, W.P. No.6060 of 2024 by follo'*,ing due procedure of law, by affording opportunity of hearing to the petitioner and permitting to hle any documentary material in support of his case ' The respondent authorities shall complete the entire exercise within a period of two months from the date of receipt of copy of this order and pass appropriate orders in accordance with law' No costs' Miscellaneous applications, if any, pending in this writ petition, shall stand closed //TRUE COPY// SD/. A. SRINIVASA REDDY ASSISTANT REGISTRAR SEC i1o N OFFICER To,

1. The State of Telangana,, rep by its Prl. Secretary, Energy and Power Department Secretariat, Hyderabad

2. The N.P.D.C.L., (Northern Power Distribution Company Limited), Corporate Office at Warangal, Warangal District, Rep. by its Chairman.

3. The Chief General Manager (H.R.D.), (Northern Power Distribution Company Limited) Corporate Office at Warangal, Warangal District,

4. The Divisional Engineer,, Operations Khammam Town, (Northern Power Distribution Company Limited) Khammam District.

5. The Additional Divisional Engineer,, Operations Khammam Town, (Northern Power Distribution Company Limited) Khammam District. 6- The Assistant Engineer,, Operations Khammam Urban (Northern Power Distribution Company Limited) Khammam District.

7. The Line Man, T.S.N.P.D.C.L.,, (Telangana State Northern Power Distribution Company Limited) Khammam -Urban Khammam District. B. One CC to SRl. DHARAVATH KISHORE KUMAR Advocate [OPUC] e one CC to MR.CHANDRASHEKAR S.C FOR N.P.D.C.L 10.Two CCs to GP FOR ENERGY ,High Court for the State of Telangana. [OUT] 1.Two CD Copies DD GJP **. HIGH COURT DATED:2 510412025 ORDER WP.No.6060 of 2024 L -tr n,j r,. , ..,S /-- I r: l- \r ;. Sr- st'i . \.1 ) N 1 ,-, r,i \ 9 a C,I (t ALLOWING THE WRIT PETITION WITHOUT COSTS * 4\