✦ High Court of India · 03 Apr 2025

High Court · 2025

Case Details High Court of India · 03 Apr 2025
Court
High Court of India
Decided
03 Apr 2025
Length
1,100 words

Petition under Article 226 of lhe 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 or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the 3rd Respondent in imposlng the punishment of stoppage of two annual grade increments without cumulative effect vide impugned Proc. No. A31147512024 dated 16-12--2024 issued by the 3rd Respondent without conducting enquiry as contemplated under Rule 20 of TSCS (CC -and A) Rules, 1991 as being arbitrary, illegal. erroneous, contrary to provisions of Rule 20 of TSCS (CC and A) Rules. 199'1 , opposed to principles of natural justice, amounting to post decisional hearing and in violatjon of Article 14 of the Constitution of lndia and set-aside the same accordingly in.the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circu?nstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct /,/ I the 3rd Respondent to conduct the enquiry afresh in terms of Rule 20 of rSCS (CC and A) Rules, i!r91 duly suspending the operation of thr: lmpugned proc. No. A3t147512024 dated t6-.12-2024 issued by the 3rd Respondent. Counsel for the Petitioner: SRI V.RAVICHANDRAN counsel for the Resprondent Nos.1 & 2: Gp FoR McpL ADMN & URBAN DEV Counsel for the Respondent No.3: Gp FOR REVENUE The Court made the lollowing: ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.1OO44 of 2o25 ORDER: This Writ Petition is frled by the petitioner seeking the following reliet '. . .ta issue a Wit or otder or direction, nore pdrticalartg a Wit of MaruTamus decktring tle actiorl of the 3rd RespondPnt in imposing th,e punishnent of stoppage of tuo annual grade incremeftts t itlbut atmulattue elfect uide impugned Proc No-A3/ 1475/2024 dated 16.12.2024 issued bg tle 3rd Respondent utthout anducting enquiry as contempldted under Rule 20 of TSCS (CC&A) Rules, 1991 as being qrbitrary illegdl enoneou.s contrary to prouisions of Rule 20 of TSCS (CC&A) Rules, 1991 opposed to principles of natural justice amounting to post decisional hearing atd in uioLttion of Article 14 af th.e Con-stjtution of Indtd and set aside the some and. pass such other ord.er etc. . . "

2. Heard Mr. V.Ravichandran, learned counsel appearing for the petitioner and learned Government Pieader for Municipal Administration and Urban Development Department appearing for tJle respondents. Perused the material on record.

3. Learned counsel for the petitioner submits that the present writ petition has been filed by the petitioner challenging the disciplinary proceedings initiated against him, which led to his suspension by a Charge Memo dated 24.O9.2024. The petitioner has further sought relief regarding the show cause notice issued to him on O6.L1.2O24, which imposed a penalty of stoppage of two Annual Grade increments without cumulative effect. Aggrieved by the show cause notice dated 06. 1 I .2024 th.e petitioner frled an appeal I l t I 2 E a on 17.03.202.5 seeking exoneration from the (tharges and the revocation of the punishment. Hence, the writ petition. Learned counsel for the petitioner further submits that while 4. the petitioner working as Bill Collector in Ivlunicipal Office, Manthani, disr:iplinary proceedings were initiated against him vide Charge Memo dated 24.09.2024 under Rule 20 of TSCS (CC&A) Rules, 199 1 , b,, placing the petitioner under susperLsion alleging that the petitioner had demanded bribes by overstating the taxes due from complarnirnts and was habituated to taking br..bes.

5. Learned counsel for the petitioner further submits that the petitioner sut mitted an explanation to the D,istrict Collector, Peddapalli Dist.rict, on 09.1O.2O24, requesting the revocation of the suspension. i{orvever, the petitioner's explanation was not considered, and a shorv cause notice was issuec: on 06.11.2024, imposing a penalty of stoppage of two Annual Cirade increments without cumu lative effect and directed the peti-,ioner to submit explanation if any within a period of ten (1O) days liom the date of receipt of the said notice. In response to the show cause notice, the petitioner subnritted a detailed explanation on 25. 1 L2O24, asserting that the charg,:s framed against him were baseless and requesting that the disciplinary proceedings be dropped. Aggrieved by the show cause notice dzLted 06. 11,.2024, the petitioner preferred an appeal on i i I I Y l I 3

77.03.2025, seeking the exoneration from the charges and the revocation of the punishment

6. On the other hand, learned Government Pleader for Municipal Administration and Urban Development Departrnent appearing for the respondents submits that. the appeal is still pending before the respondent authorilies.

7. Having considered the submissions made by learned counsel ) for the parties and without going into merits of the case, respondent No.2 is directed to dispose of the appeal dated

17.03.2025 and pass appropriate orders in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order.

8. With the above direction, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. SD/. P. PADMANABHA REDDY DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER Principal Secretary to Government, [Vlunicipal Administration and Urban Development Department, Secretariat,T.S. Hyderabad, State of Telangana. The Cqmmissioner and Director of Municipal Administration, Telangana State, Hyderabad. The District Collector, Peddapalli District Peddapalli One CC to SRI V.RAVICHANDRAN, Advocate IOPUCI Two CCs to GP FOR MCPL ADTUN & URBAN DEV, High Court for the State of Telangana, at Hyderabad. [OUT] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] .,Two CD Copies A To 1 2 J 4 5 6

7. PSK. a-: Ip HIGH COURT DATED:0310412025 ORDER WP.No.10044 ot 2025 ( o o '1 t 1 trE SfA re 1 ;, APH 2025 Cr .S na 1r-; .:' 7 ! a DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0!"rq W

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