'E. Venkata Murali Krishna v. The'State of Telangana

Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order of direction, preferably one in the nature of Writ of Mandamus and to declare that the petitioner is entitled to have his claim considered and be promoted as Sub Registrar Grade-ll without reference to the pendency of the disciplinary proceedings vide Charge Memo No.S/82t24, dt. 0910712024 of the 4th respondent, by declaring the action of the respondents in denying promotion to the petitioner as Sub Registrar Grade-ll on the ground of pendency of the disciplinary proceedings vide Charge Memo No.S/82124, dl. Ogl07l2124 of the 4th respondent, the said action of the respondents is highly illegal, arbitiary, unreasonable, discriminatory and also in violation of Art. 14, 16 and 21 of constitution of lndia and declaring the same in bad in law and consequently direct the respondents to consider the case of the petitioner for promotion as Sub Registrar Grade-ll without reference to pendency of the disciplinary proceedings vide charge Memo No.s/82 t24, dt. 09nil2024 ot the 4th respondent lA NO: 1 OF 2025 Petition under section 151 cpc praying that in the circurnstances stated in the affidavit filed in support of the petition, the High cou.rt may be pleased to Jirect the respondents to consider the case of the petiti6ner for promotion as Sub Registrar Grade-ll without reference to pendency of the disciplinary proceedings vide Charge Memo No SlB2l24, dt. OglO7t2O24 of the 4th respondent in terms of G.o.Ms.No.257, Generar Administration (ser.c) Dept., dt. 10/06/'1999, pending disposal of the above writ petition Counsel for the Petitioner: SRt. C RAJA SEKiAR REDDY Counsel for the Respondents: Gp FOR STAMPS AND REGISTRATION The Court made the following: OROER i I ) THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESITWAR RAO WRIT PETITION No.6491 of2O25 ORDER: Heard learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents and perused the material on record

2. Learned counsel for the petitioner submits that the petitioner was originally appointed as a Junior Assistant on 26.11.2OO8 and he was posted to Registration Ofhce (Administrative Block), Office of the district Registrar, Adilabad, thereafter he was promoted to the post of Senior Assistant' Presently, he is working in the office of Sub Registrar, Mancherial District.

3. Learned.counsel for the petitioner further submits that while the petitioner was working as I/c.Joint Sub Registrar at R.O. (OB) Adilabad, on certain allegations, respondent No'4 issued a charge memo No.S/82 12024, datedO9.O7'2024 to the petitioner, which reads as follows: "TtLat gou Sn E.V. Murati Kishna, Senior Assr'stant, R'O' (A B) Adilabad formerly I/ c.Joint Sub Registrar, R'O (O B)' Adilabad, gour seruices are being couered bg Telangana State Ciuil k- 1 2 Seruices (Conduct) Rules, 1964, tuhile tuorking cts Joint Sub Regbtrar rtt R.O. (O B), Ad.ilabad, gou haue comnlitted certain inegularll ies in registering of the Doalments vi:z Doct. Nos. (1) s121/2022, (2) s120/2022, (s) s119/2022, (.1) 244s/2022, (s) 2024/2022, (6) 1723/2022, (7) 1s48/2022, (,9) 1547/2022, (9) 647/2022, (1O) 553/2022 and (11) 552/.2022, without consideri,tg the cancellation orders of TLP No.239,/ :2O21/ N/ W in Sy.No.61,'1/ 1 situated at Mauala Village and Mandal of Adilabad District. The aboue menttoned. documents uere registered based on TLP No.239/ 2021/ W in spite of cancelLation of TLP No.239/2O21/W uid.e Distict Pancha.qath Officer, AdiLabaci Memo Rc.No.O8/ K1 .Pts/ 2O22, dated 22.O1 .2O22 and said canr.ellation orders uere published in loa neu.)s paper also". 4 . Learned counsel for the petitioner further submits that a-fter receiving the said charge memo, on 16.07.2024 tlne petitioner was submitted his explanation. Thr: allegations are pending from 2022 and charge memo issued alter lapse of 2 y2 yea-rs. The Department is going to implement any promotions, in near future the petitioner lost his eligibility. At this juncture, learned counsel for the petitioner disclosed the G.O.Ms.No.257, General Administration (Ser.C) Dept., dated 10.06.1999, wherein it is observed as follows: t f "Where the dbciplinary case/ ciminal proseantion against the Gouernment emplogees is not conclud.ed euen after the expiry of trto gears from the d_ate of the meeting of the first Departmental Promotion Committee, in which the emplogee uos considered, in case the employee is not under suspension".

5. Therefore, appropriate orders be passed in the writ petition by directing the respondents to consider the case of the petitioner for promotion to the post of Sub Registrar Grade_II and pass appropriate orders in accordance with 1aw.

6. On the other hand, learned Government pleader appearing for respondents submits that the case of the petitioner was not deferred for the promotion and the question of implementation of G.O.Ms.No.257, General Administration (Ser.C) Dept., dated 10.06.1999 does not arise. i Having considered the rival submissions made by learned counsel for the respective parties and without going into merits of the case, the respondent authorities are directed to consider the case of the petitioner for promotion to the post of Sub Registrar Grade-II if he is eligible for promotion as per G.O.Ms.No.257, General Administration (Ser.C) Dept., dated ( 4

10.06.1999 and pass appropriate orders in zrccordance with d. With tht: above direction, the Writ Petitiorr is disposed of No order as t(t, costs. As a sequel, miscellaneous applications pt:nding, if any, in this Writ Petition, shall stand closed. //TRUE COPY// sD/-'r..TIRUMALA DEVI UTY REGISTRAR ECTION OFFICER To,

1. The Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad - 500 022.

2. The Commissioner and lnspector General of Registration, and Stamps Telangana, Hyderabad. 3- The Deputy lnspector General of Registration, and Stanlps , Warangal, Warangal District.

4. The Deputy Inspector General of Registration, and Stamps, , Karimnqgar, Karirhnagar District.

5. The^District Registrar, O/o. District Registrar Office, Registration and Stamps, : Karimnagar District.

6. One CC to SRl.'C RAJA SEKHAR REDDY Advocate [OPUC] 7. Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the State of Telangana. [OUT]

8. Two CD Copies KKS GJP 6 \ HIGH COURT DATED:1 010312025 ORDER WP.No.6491 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS CG04 tu( L) ^. . ,-:': 1HE S -r.i l Q^ o ,J 2 3 APfl 2025 a -a' {rF \<-.- --', .So.,I C\ lL\1 t r.