WRIT PETITION NO: 9277 OF 2023 v. violative cf Article 14

Petiti,rn under Section 151 CPC praying that in the circumstances stated in the affidavit filerd in support of the petition, the High Court may be pleased to SUSPEND THE operation of the present impugned Proc. No. SERF/ Admn tGN38l2O22 dated 25-04-2022, of the 1st respondent with a further direction directing the respondents to reinstater the services of the petitioner as District Pioject Manager, Nalgonda District, perrding disposal of the writ petition. Counselfor the Petitioner: SRI ARVIND KUMAR KATA Counselfor the Respondent No.1: SRIANUGU ANVESH REDDY, Counselfor the Respondent No.2 to 4: AGP FOR SERVTCES-II The Court rnade the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HON'BLE MRS. JUSTICE SUREPALLI NANDA Dated 19.12.2O25 Between Katta Venkatesham AND Petitioner The Chief Executive Officer, Society for Elimination of rural Poverty (SERP) State of Telangana, 5'9'22,4th Floor, My Home Sarovar Plaza 4O2, Saifabad, Hyderabad - 63 and 3 others .... Respondents ORDER: . ' Heard Sri Arvind Kumar Kata, learned counsel appearing on behalf of petitioner, Sri Anugu Anvesh Reddy, learned counsel appearing on behalf of respondent No.l and learned Assistant Government Pleader for Services-Il, appearing on behalf of respondent Nos.2 to 4.

2. praver as under: .....to issue an appropriate writ or order or Direction more pafticularly one in the nature of Writ of Mandamus l I 2 SN. J wP_9277 _2023 l,) By declaring the action of the Respondents more particularly the action of the 1't respondent in issuing the present the Impugned proc No.SERp/Admn lGAl3B/2O22 dated 25-04-2022, wherein removing [he services of the petitioner from the post of District project Manager, wherein alleging that "on the allegation of sexual harassment of women at work place, even though there was no such contents in the complaints of the individuats, even without, conducting any enquiry and even without complying the principles of natural justice is as highly illegal, arbitrary, unjust, improper, col'orable exercise of power, vindictive attitude and violative of Articles !4, L6 and 311 of the constitution of India including stigmatic in nature and set aside or quash the same B) And consequently to direct the respondents to forthwith re-induct the service of the petitioner herein as District Project Manager, Nalgonda District with all consequential benefits without reference to the present the Impugned Proc. No. SERP/ Admn lcA/38/2022 dated : ZS-O4-2O22, of the 1't respondent and to pass...,, 3 The petitioner was initially appointed as Asst. project Manager on 01.04.2003 and was thereafter promoted as District 3 SN, J wP_9277 2023 Project Manager during the year 2009' The 3'd respondent issued enquiry orders bearing No. A4lHR/6081202L, dated 27.05.2O2L against the petitioner whereby the petitioner was replaced from the post of District Project Manager (IB) and continued as Zilla samakya co-ordinator. Thereafter the petitioner was served with Memo No.A4lHRl6}Bl202t, dated 31.03.2022 issued by the respondent No.4. subsequently, the respondent No.1 issued the impugned order of removal dated 25.04.2022. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition' 4 I (A) The proceedings of the resoondent No'l vide extracted hereunder: Proceedings of the Chief Executive Officer Present : Smt.D. DivYa, I.A.S., dated 13.09.2024 Sub:- SERP-HR-Disciplinary Sri Katta Venkatesham the then DPM, DMMU, DRDA, Nalgonda District - Removal from employment with SERP due to allegation of sexual harassment on women at work place - Conducted hearing - allegations not proved - Reinstatement into service with warning - Subject to ratification of Executive Council of SERP - Orders - Issued. i l! i t' i i 4 SN, J wP 9277 2023 Dated . 25.04.2022. Ref:- 1) Proc.No./SERp-ADMN/GA/3812022 of the CEO, SERP, 2) Appeal of the individual to the Authority, SERP, 3) Hearing with the concerned herd, Dt. 05.09 .2024. Dated t8.05.2022 oBD!A @@@@@ '/ide reference 1 cited, sri Katta venkatesham, the then DPM, DMMU, DRDA, Nargonda District was removed from employ'ment with sERp due to altegation on sexual harassment of wonen at work place. vlde reference 2 cited, sri Katta Venkatesham, the then DPM hes appealed before the Executive committee of sERp to review and for cancellation of Removal orders as per the conditiorr 3.11 (ii) & 8.9 (i) (b) of the Terms and conditions of Employnrent of SERp, Employees, 2009. Vicle reference 3'd cited, hearing was conducted with the women r:mployees, enquiry officer, DRDo of DRDA, Natgonda District and applicant, and the allegations have not been proved. Therefore, sri Katta venkatesham the then DpM is hereby reinstatec in to services with SERP with immediate effect subject to ratificat:ion of Executive Council of SERP and posted to DRDA, Mahabubnagar District as DPM (Farm) in the existing vacancy with a purrishment under clause 8.3 (i)(a) written warning not to repeat such mistakes again in future and discharge the duties in proper manner. The DRDO, DRDA Mahabubnagar District is instructed to admit the individual and intimate the same to this office for updation in HRMS Website. I 5 SN, J wP 9277 2023 These orders shall come into force with immediate effect. Chief Executive Officer, SERP, TG, Hyderabad To Sri Katta Venkatesham, DPM copy to The District Rural Development Officer, DRDA, Mahabubnagar District for necessary action.

1. The Director (Finance), SMMU, SERP Hyderabad for necessary action.

2. The Director (HR) & TCS for necessary action.

5. (1) The petitioner approached the Court challenging the impugned proceedings of the respondent No.1 vide Proc. No. SERP-Adm n/GA/38/2022, dated 25.04.2022 removing the petitioner from the post of District Project Manager, without conducting any enquiry and contrary to law. (2) The respondent No.1 had issued the proceedings No. SERP-HR/HRll/zg/2024, dated 13.09.2024 reinstating the petitioner into service with immediate effect. (3) In view of the petitioner being reinstated vide proceedings No. SERP-HR/HRII/2912024, dated 13.09.2024 of the respondent No.1, the petitioner is entitled for the relief of treating the period from the date ofyunishment imposed upon \ 6 SN, J wP 9277 2023 the oetitioner to the date of reinstatement of petitioner into servi:e i.e. period from 25.04.2022 to 13.09.2024 to be treated as on duty.

6. The learned Assistant Government pleader appearing on behalf of the respondents submits that since petitioner had heen reinstated in pursuance to the impugned order of rernoval dated 2s.o4.2o22 upon the petitioner putting forth the grievance as put forth in' the present writ petition to the respondents by way of representation, seeking treating the period from the date of punishment imposed upon the petitioner to the date of reinstatement of the petitioner into service i.e. period from 2s.o4.2o22 to 13.o9.20.24 to be treated as on duty. The same would be considered in accordance to raw by the respondents within ,a reasonable period, since petitioner admiftedly did not represent to the authorities concerned as on date pertaining to this specific grievance of the petitioner and hence petitioner cannot complain inaction by the respondents and seek issuance of a Mandamus. I I * T 7 SN, J wP_9277 _2023

7. Learned counsel appearing on behalf of the petitioner does not dispute the said submission made by the learned Assistant Government Pleader appearing on behalf of respondents.

8. case, (a) The aforesaid facts and circumstances of the (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of respondent No.1, (c) The proceedings vide SERP-HR lHRIll29l2024, dated 13.09.2024 of the respondent No.1 (referred to and extracted above), The writ petition is disposed of granting liberty to the petitioner to address a representation to the respondents herein seeking the relief of treating the period from the date of imposition of punishment upon the petitioner i.e. 25.04.2022 till the date of reinstatement into the service vide proceedings dated

13.09.2024 ol the respondent No.1 as on duty and upon \ \ 8 n' SN. J wP 9277 2023 the petitioner making such representation to the respondents herein, within a period of one (1) week from the date of receipt of the copy of the order and upon receipt of the said representation within 3 weeks thereafter the 1't respondent is directed to consider the said request of the petitioner in accordance to law and pass appropriate orders and duly communicate the decision on the said representation of the petitioner to the petitioner herein. However, there shall be no order as to costs. A:; a sequel, the miscellaneous petitions, any pending, in the Writ Petition shq I I qls_o_ g!p1d qlo_Sed. _ To, //TRUE COPYII Sd/.AJAYASREE REGISTRAR SECTION OFFICER Secretariat, Hyderabad,-State of telangana.

1. The Chief Executive Officer, Society for State cf Telangana, S-g-22,4th Floor My Hyder;abad- 63. of Rural Poverty (sERP) Home Sarovar Plaza 402, Saifabad, 2' The Principar secretary, Society for Erimination of Rurat poverty (sERp) 3. The Di:strict coilector and chairman ( DRDA), Nargonda, Nargonda District, 4. The District Ryrt. Deveropment officer, o/o District Rurar Deveropment 5. One CO to SRtARV|ND KUMAR KATA, Advocate tOpUCI 6. ONECC)tO SRIANUGU ANVESH REDDY, AdVOCAIE [OPUCI 7. Two ccs to Gp FoR sERVTcES-rt, High court for the state of Telangana, at 8. Two CD Copies Agency (DRDA) Nalgonda tjistrict Hyderab,ad [OUT] BSR/PMKv 4{ CC TODAY HIGH COURT DATED i 1911212025 THE S A t-) 1 7 APR 20?fi r,;1 ORDEF. * WP.No.9277 of 2423 DISPOSING OF THE WRIT PETITION, WITHOLIT COSTS ces'c2 . ,i:f