The High Court · 2025

Judgment

2. 3 The District Collector, (Panchayat Wing), Jogulamba Gadwal District, Gadwal The Commissioner of Panchayat Raj and Rural Development, Telangana State, Himayathnagar, Hyderabad. The State of Telangana, rep., by its Principal Secretary, PR and RD Department, Secretariat, Hyderabad. ..RESPONDENTS 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 more in the nature of Writ of [Vlandamus or any other writ order or direction, to declare the impugned order of the '1 st Respondent bearing LT.No.PANDPO/A3/ADSC/003212020- DPO-AI, dated 06.04.2021, terminating the petitioner from servcie and confirming the orders of the 1st respondent in appeal by the 2nd Respondent bearing Procgs.No.CPRRE-83/ESSTIDSPC 11812021 , dated 06/08/2022 is illegal, arbitrary, unconstitutio na I and void being violation of Art. 311 of the Constitution of lndia and set aside the same and consequently direct the Respondents to continue the petitioner as Junior Panchayat Secretary with all consequential benefits. =/ ,/ lA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the c;irr umstances stated in the affidavit filed in support of the petition, the High Cou l may be pleased to direct the Respondents to continue the petitioner as Junior t,anchayat Secretary by suspending he impugned order of the l st :l ;spondent bearing LT.No.PANDPO/A3/ADSC/003212020-DPO-A1, dated 06.O4212't, terminating the petitioner from service and confirming the orders of the 1st n:spondent in appeal by the 2nd Respondent bearing Procgs.No.CPRRE-83/E:llf/DSPC dated 06/08/2022 forthwith pending disposal of the above r,r,rrt petitron. l1Bl2O21 . Counsel for the Petitioner : SRI RANGARAJULA RAJASEx F ARA RAO Counsel for the Respondents No.1to3 : GP FOR SERVICESi tl The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA w ITP TITIO NNo .6815 oF 2023 ORDER: Heard Sri R.Rajasekhar Rao, learned counset appearing on behalf of the petitioner, tearned Assistant Government Pleader for Services-Il appearing on behalf of the respondents 1 to 3. 2 e ita n a d thi c n h oraver as under: "...to issue a Writ more in the nature of Writ of Mandamus or any other writ order or direction, to declare the impugned order of the 1't respondent bearing Lr. No. PANDPO/ A3/ ADSC/0032/2020-DpO_AI, dated 06.04.202L, terminating the petitioner from service and confirming the orders of the 1't respondent in appeal by the 2nd Respondent bearing procgs.No.CpRRE-B3/ESST/DSpC/ LB/2027, dated 06.08.2022 is illegal, arbitrary, unconstitutional and void being violation of Art. 311 of the Constitution of India and set aside the same and consequently direct the Respondents to continue the petitioner as Junior panchayat Secretary with all consequential benefits and pass such other order...,,

3. The case of the petitioner, in brief, is that the petitioner was appointed as lunior panchayat Secretary on 11.04.2019 in I 2 SN. J \\'P 68t5 2021 pursuance to the notification issued by the Tel,ingana State Public Service Commission and posted at Vamenpalli Gramp Panchayat, Dharoor Mandal, Jogulamba Gadwal Dir;trict. Basing on a complaint made by one Smt. Pinjari Haseena Begum on

14.ll.2O2O, a false criminal case was registered against the petitioner vide FIR No.94 of 2020 al Kodandapur f')clice Station, Gadwal District under Sections 376(1) (b), 366, t17, 420 IPC. The parents of the complainant made attempts f)r marriage proposals with the petitioner and the petitioner had .ejected the same. In view of the same, the complainant rir rde a false complaint against the petitioner. In this connection, the petitioner was arrested on 24.12.2020 and thereaf 'er released on bail on 13.01.2021. Then the police have filed cl-arge sheet in the above criminal case before Hon'ble I Additiona' District and Sessions Judge, Gadwal and it is numbered as S.rl.No.156 of

2022. The petitioner filed Crl.P.No.9691 of 202i| before this Court for quashing of the above criminal case, thi:; Court after verifying the record was pleased to pass interim or(iers staying all further proceedings in S.C.No.156 of 2022 trr d the said interim orders were extended from time to time. It is further the case of the petitioner that tre petitioner was under suspension by the 1't respondent on ir(l .12.2020 on SN. J wP 6t ti 2021 the ground of having a criminal case against the petitioner. Then the ltt respondent issued impugned order bearing Lr. No. PAN DPO / A3 / ADSC/ 0032/ 2020 -D?O-A 1, dared 06.04.202r, terminating the services of the petitioner as Junior panchayat Secretary without following due process of law. Aggrieved by the termination order issued by the 1't respondent, the petitioner filed appeal before the 2nd respondent by raising several grounds, but the 2nd respondent without considering the said grounds raised by the petitioner, rejected the appeal vide proceedings No.CPRRE-83 /ESIT/DS?C/tB/202t dated 06.08.2022. Aggrieved by the same, the petitioner filed the present writ petition.

4. PERU ED THE REC ORD:- (A) The order imouoned dated O6 O4.2O2L of the 1"t resDo dent is extracted here nder: *GOVERNMENT OF TELANGANA oFFrcE oF THE DISTRICT COLLECTOR (pANCHAYAT WING) JOGULAMBA GADWAL PRESENT: Sri Koya SHREE HARSHA, I.A.S., Additional Collector (1. B), LE. No. PANDPO / A3/ AOSC/OO32/aO2O-OPO-At Date;06.o4.2021 Sub:-Public Servants-Junior Panchayat Secretaries - Jogulambagadwal District- Dharur Mandal G.p.Vaman palli- Sri Raheem JPS, was arrested on 24.12.2020 due to /\ 1 SN. J \\'P 68 t_i l02i a case of "Rape by enticing the Victim or the name of Marriage" - Termination of Services- Order:; - Issued. Ref :-1. No.94lcrime-KDPR/2O20, Dt:24.12.2020 ci the Circle I n s pector of Police Alampur.

2. PANDPO/A3l ADSC/OO3212020-DPO, Dt:.3 ).12.2020 of the Addl. Collector-LB, Jogulamba Gadw,a. 3, Application of Sri Pinjari Raheem Junior P rnchayat Secretary (under suspension of Vamanap ally Village, Dharur Mandal, Dt: 18.01.2021. ORDER:- t n h att itv f ha ao m nctc nt arrf lrlt trs a d nrorlrrrad ]rafora thc l{arn'h Whereas it has came to the notice ('f the under s o ned who is the accused Piniari Raheem S/o Pinjari Hussain Saab, atg e :28 Years, Caste: BC 'B'(Piniari), Occ:Junior Panchavat Secretarv of Vamanapallv Villaqe, Dharur Mandal R/ .9 Ku rva oal lv Villaqe of Gadwal Mandal was arrested on 2,1.12,2O2O at 1? oo h JFCM Court, Alamour and sent for iudicial custodv _at Dist.Jail, Mahabubnaqar on the same dav. Sri Pinjari Raheem Junior Panchayat Secretary Gram Panchayat Vamanpa ly of Dharur Mandal has been suspended vide reference 2nd cit:d, due to he was arrested on 24.12.2020 at 13:00 hours in zr :ase of "Rape by enticing the Victim on the name of Marriage" and produced before the Hon'ble IFCM Court, Alampur and se.rt for judicial custody at Dist. lail Mahabubnagar on the same c ay. Whereas according to item at Sl.6 of I he terms and conditions of agreement bond executed by tlrr: said Junior Panchayat Secretary on 12.O4.2O19 "his senrices could be terminated at any time without assigning ,rny reasons thereof, if the performance side individual is found not satisfactory during the probation period". / 5 sN. i \\,P 68 t5 2013 According to above it is observed by the undersigned appointing authority that the performance and services of the above said individual are if and to be satisfactory thes id indivi dual ha failed todtsc aroehi t ate du tes as a e n h Therefore in exercise of the powers as appointing authority and keeping in view the violation of item No. 6 of the terms and conditions of agreement bond and seriousness of the case filed against the individual the under signed being the competent authority hereby terminate the services oF the said Sri Pinjari Raheem S/o pinjari Hussain Saab, Junior panchayat Secretary (under suspension) of Vamanapally Village, Dharur Mandal. For Addl. District Coltector (L.B) Jogulamba Gadwal,, (B) h o nd es n n co r r u d ed 6 I o2 n e 1st s n en a d 2 2t s f c d .GOVERNMENT OF TELANGANA PROCEEDINGS OF THE DIRECTOR OF PANCHAYAT RAJ AND RURAL EMpLOyMENT, URDU HaLi|ane, HIMAYATNAGAR: HYDERABAD. PRESENT: M. HANUMANTHA RAo, I.A.S, DIRECTOR, PR&RE Procos No. CPR Sub: IE E-B sPc lta/ 2021,D ted . 06.(}a.2(, 22 Estt - Panchayat Secretaries Sri pinjari Raheem JpS Vamanpalli Gp Dharoor Manda'l 6ie.rn'inateU; Jogu,lamba Gadwal - Appeal submitted-wittr 'a iequest to revoke the termination orders _ Appeal Orders - Issued. ."l".LO 1 i ,] J 6 SN. J \\P 613 15 2023 Read: 1. ProcAs. No. No. PANDPO/A3IADSC/00 1:2'2020- dt. 06.O4,2021 by Addl. Crliector DPO-A1 (LB), Jogulamba Gadwal

2. Appeal petition of Sri Pinjari Raheem 57 o Pinjari H ussa in dt. 76.02.2022

3. Hon'ble High Court orders in W.P. N.:6844 of 2022 dt.27.06.2022 filed by Sri Pinjari Raherem, S/o Pinjari Hussain

4. Lr No. A3/OO32/2O2O, dt: 23.07.2022 frcm the District Collector, Jogulamba Gadwal District -@ ORDER: In the reference lst read above, Sri Pinjar i Raheem S/o Pinjari Hussain was terminated from the service '/i.1e procgs. No. PANDPO/A3iADSC/O032/2020-DPO-AI dt. 06.02.. 1021 by Addt. Collector (LB), Jogulamba Gadwal stating that "a,.( ording to item at S1.6 of the terms and conditions of agreemen. )ond executed by the said lunior Panchayat Secretary on 12.04.2019 and seriousness of the case filed against the individua I ' In the reference 2nd read above, Sri Pin-r;rr Raheem S/o Pinjari Hussain has filed an appeal with a request to revoke the termination orders awarded by the Addl. i) rllector (LB), Jogulamba Gadwal. in the reference 3'd read above, the Hon ble High Court has issued orders to dispose the appeal petiti,rr, filed by Sri Pinjari Raheem, S/o Pinjari Hussain in W.P. No..2 1844 of 2022 dt. 27.06.2022. Through the reference 4th read above, the District Collector, Jogulamba Gadwal District has submitt€ d report. /--- 7 SN. J wP 68 15 202.1 After careful examination of the report submitted by the District Collector, Jogulamba Gadwal District it is confirmed that the appellant has violated conditions mentioned in his agreement executed at the tame of his joining on 12.04.2019 and also involved in Criminal Case in which he was under police custody from w.e.f. 24.12.2()20 to 13.01.2021 i.e. for (21) days during probation period. It is decided that, consldering the above facts, the appeal filed by Sri Pinjari Raheem, S/o. Pinjari Hussain, Jogulamba Gadwal District does not hold any merits. Hence, the appeal filed by Sri Pinjari Raheem S/o pinjari Hussain against the orders of the Addl. Collector (LB) Jogulamba Gadwal is hereby rejected and the orders of the Addl. Collector (LB) Joqulamba Gadwal are upheld. The District Panchayat Officer, Jogulamba Gadwal district is requested to serve this order to the charged officer under proper acknowledgment and also take necessary action for implementation of issued orders and report compliance, im m ed iately. SD/- M. HANUMANTHA RAO DIRECTOR, PR&RE DISCU SSION AND CONCLUSION:

5. Learned counsel appearing on behalf of the petitioner mainly contends that it is only on the ground of the registration of the criminal case against the petitioner and that the petitioner was arrested on 24.L2.2020 at 13:00 hours and produced before 8 SN. J WP (,8 li 2023 the Judicial First Class Magistrate, Alampur and sc:r t for judicial custody at District lail, Mahabubnagar, the se'r ices of the petitioner had been terminated. Learned counsel E ppearing on behalf of the petitioner submits that the said pr()ceedings had been initiated against the petitioner vide S.C.No.1lj(, of 2022 on the file of I Additional District and Session Judge, (litidwal arising out of crime No.94 of 2O2O of P.S. Kodandapur [)(lice Station, Gadwal District.

5. Learned counsel appearing on behalf of l:h e petitioner further brings on record the order dated 02.07.202 5 passed in Criminal Petition No.9691 of 2022 whereby the criminal proceedings initiated against the petitioner in S;. 1.No.156 of 2022 on the file of I Additional District and Sessirrrs Judge, at Gadwal arising out of crime No.94 of 2020 of P.S, Kodandapur Police Station, Jogulamba Gadwal District for the of1'ences alleged against the petitioner under Sections 376(1)(b), :ib6, 4L7 and 420 of IPC had been quashed and in pursuance to the quashing of the criminal proceedings against the petitiont: r vide order dated 02.07.2025 by this Court, the petitioner maCe a detailed representation dated 28.08.2025 to the Distr ct Collector, Jogulamba Gadwal District, requesting for reinstat,: nent of the petitioner into duties as Panchayat Secreta.-1 and the 9 SN, J wP 68 15 2021 > representation dated 28.08.2025 had been acknowledged by the office of the Collector & District Magistrate, Jogulamba, Gadwal District on 28.08.2025 itself, however no steps had been initiated for reinstatement of the petitioner into duties as Panchayat Officer.

7. Learned counsel appearing on behalf of the petitioner submits that the 1"t respondent may be directed to consider the representation of the petitioner dated 28.08.2025 seeking reinstatement into the duties as Panchayat Secretary in the tight of the Order dated O2.O7.2025 passed in favour of the petitioner in Criminal Petition No.9691 of 2022.

8. Learned counset appearing on behalf of the respondents does not dispute the fact that the criminat case registered against the petitioner had been the basis for terminating the services of the petitioner and also does not dispute the fact that the said criminal proceedings were quashed by the order of this Court dated 02.07.2025 passed in Criminal petition No.9691 of 2022. l0 SN. J \\,1, 68 ri 2023

9. A bare perusal of the record clearly indicltes that on the ground that petitioner had been arrested on

24.L2.2O2O at 13:OO hours and produced before the JFCM Court, Alampur and sent for Judicial Custo(ll' at District Jail, Mahabubnagar, the services of the pr:l itioner had been terminated vide the impugned ,)t'der dated 06.04.2021 of the 1't respondent alleging ttrat petitioner failed to discharge petitioner's duties as public servant in sincere and honest manner, without issuin<I any prior notice to the petitioner without providingl reasonable opportunity to the petitioner and the said or,l,:r had been confirmed mechanically by the Appellate Au':hority vide the impugned proceedings dated 06.08.2022 of the 2nd respondent herein reiterating the view of the 1"t respondent, against the petitioner. In view of I he fact that petationer had made a detailed representati,c r to the l't respondent bringing the subsequent developments in favour of the petitioner pertaining to very rluashing of criminal proceedings initiated against the petitioner arising out of crime No.94 of 2O2O of P.S. (odandapur Police Station, Jogulamba Gadwal District by l:t e verdict of this Court dated O2.O7.2025 passed in Crirrriral Petition SN, J wP 68 15 2023 > No.9691 of 2022, this Court opines that the 1't respondent is bound to consider the representation of the petitioner dated 28.08.2025 seeking reinstatement of the petitaoner as Panchayat Secretary, in accordance to !aw, duly considering the Judgment dated O2.O7.ZO2S passed in criminal petition No.9691 ol 2022, which ctearly vide a reasoned justification held that continuation of Crimina! Proceedings against the petitioner amounts to sheer abuse of process of the law, and had quashed the same.

10. Takin into consid eration: (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner, and the learned Assistant Government pleader appearing on behatf of respondents, (c) The contents of the impugned proceedings dated O5.O4.2021 issued by the 1"t respondent which had been confirmed in Appeal by the 2nd respondent vide proceedings dated 06.08.2022, (d) The fact as borne on record that the criminal proceedings arising out of crime No.94 ot 2O2O of p.S. t2 SN, J wP 68 15 2021 Kodandapur Police Station, Jogulamba Gadw;rl District for the offences alleged against the petitioner urtcler Sections 376(1) (b), 366, 4L7,42O of IPC having been quashed by the verdict of this Court dated O2.O7.2O25 passed in Criminat Petition No.9891 of 2022, (e) The representation of the petiti lner dated 28.O8.2025 addressed to the 1't respondent herein seeking reinstatement into duties as Panchar/'rt secretary having been acknowledged by the office of the l't respondent on 28.08.2O25 itself, but howerver had not been considered by the 1"t respondent as on rlrrte, The writ petition is disposed of directing the 1't respondent to consider the representation of the petitioner dated 28.08.2O25 seeking reinstal:c'ment of the petitioner as Panchayat Secretary duly corn,;idering the verdict obtained in favour of the petitioner by this Court dated O2.O7.2025 passed in Criminal petation No.9691 of 2022 duly taking into consideration the facl: as borne on record that the petitioner's services had bet:rr terminated even as per the order impugned dated O6.O,|.2O2L issued by the 1"t respondent and confirmed mechanically by the the znd respondent vide Appellate Authority i.€., 7 proceedings dated O6.Og.2O2Z on the ground that the petationer had been arrested on 24.L2.2O2O at 13:OO hours in connection with the case registered against the. petitioner vide crime No.94 of 2O2O of p.S. Kodandapur, Jogulamba, Gadwal District and pass appropriate orders on the representation of the petitioner dated 2g.og.2025 seeking reinstatement of duties as panchayat Secretary, within a period of three (O3) weeks from the date of receipt of copy of the order, in accordance to law, in conformity with principles of natural justice by providing an opportunity of personar hearing to the petitioner and duly communicate the decision on petitioner,s representation dated 29.O9.2025 to the petitioner. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY' SD/. M. JAWAHAR REDDY ASSISTANT REGISTRAR 6- SECTION OFFICER To,

1. The District Collector, (Panchayat Wino), Jogulamba Gadwal District, Gadwal 2. The Commissioner of Panchayat Raj and Rural Development, Telangana State, Himayathnagar, Hyderabad.

3. The Principal Secretary, PR and RD Department, Secretariat, State of Telangana, Hyderabad. 4 One CC to SRI RANGARAJULA RAJASEKHARA RAO, Advocate. [OPUC] 5. Two CCs to GP FOR SERVICES ll, High Court for the State of Telangana. louTI ^6. Two CD Copies. BSK BS HIGH COURT DATED: 1510912025 CC TODAY ?.o( c I :T 2C25 ,)_ .\ ( r! a. 'l . :: ',ij,, 'r ,,/ .,, () :T( ORDER WP.No.6815 of 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS { VIL