High Court · 2025

Judgment

2. l!i,:'fj: a'fx liffi [:?s3"ff ,jx 3 I i1,x'#1?a Deputy Superintendenr of potice, Ciij, AbHi3, Hyderabad Da i ry De v a n d Fi s h e ri e s

...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue writ of Mandamus directing the Respondents one in pracing the Petitioner under suspension vide G.0 Rt. No.36 dated 11to6t2o24and continuing in the suspension despite this Hon'ble High Court observed that the petitioner has no role in the non-payment of due amounts to the farmers by the private contractors under the scheme sRDS and despite no enquiry is contemprated Departmentally and no Charge Sheet was filed in the ACB Court and non- consideration of the representations filed by the petitioner for revocation of suspension dared 2010312025 being arbitrary, iregar and unwarranted and violative of Articres 14, 16 and 21 constitution of rndia direct the Respondents to forthwith revoke the suspension which was ordered with effect from 31r0sr2024 IA NO:10 F 2025 PetitionUnderS€,ctionl5lCPCprayingthatinthecircumstallcesstatedin the affidavit filed in support of the petition' the High Court mav t:e pleased to forthwith direct the Respondents to consider and pass appropriate crders on the representations filed by the Petitioner on 2OlO3l2O25 Counsel for the Petitioner: SRI' CH' SAMSON BABU Counsel for the Respondent No'1: GP FOR ANIMAL HUSBANDRY ..-. _OruNV Counsel for the Respondent No'2: GP FOR HOME OEVELOPMENT AND FISHERIES The Court made the following: ORDER J I E ON'BL s U CE M ARAP E w RA ORDER: RIT E TI N o 2 Heard Sri CH.Samson Babu, learned counsel for the petitioner, learned Government pleader for Animal Husbandry, Dairy Development & Fisheries Department appearing on behalf of respondent No.1, and learned Government pleader for Home, appearing on behalf of respondent No.2. perused the material on record.

2. The case of the petitioner is that he was initially appointed as a Veterinary Assistant Surgeon in the year 1993. Subsequently, he was serected for the post of Assistant Director of Animar Husbandry during the year 1999 and again in 2006 he was promoted as Deputy Director and Joint Director in 200g, eventually becoming the Additional Director in the year 2ot6, and finaily the Director in February 2021. The petitioner was further posted as Managing Director, TSSGDCFL (Telangana State Sheep and Goat Development Corporative Federation Limited). On 79_02_2024, and was continued up to 01-10-2023. on 06-10-2023, he was transferred and posted as Director, Veterinary and Animal Husbandry Depdrtment. He was transferred again abruptr y on Lg-02-2024 and posted as CEO, TGLDA. The Government launched a scheme in 2017-LB & 2018-19 to support Shepherds and boost the rural { \ 2 1l-04-20 L /, beneficiaries economy. As per G'O'Rt'No'52' dated were given sheep Jnits, each unit consists of 20 sheeP anC 1 Ram 75olo subsidy and )-5o/o bt::neficiary costing Rs.1,25,0()0/- with contribution. While doing so, a ComPlaint was nradt: in the Gachibowli by cer:ain Sheep sellers of Palnadu District. crf Andhra Pradesh alleging non-payment of the cost of the S;heep s(ild to the for the beneficiaries oF Ranga TS Animal HusbardrY DePartment Reddy District uncer the scheme mentioned supra' A Comlrlaint was referred to the Ar:8, when there was no specific allegation in the Complaint about.rny corrupt practices much less any roie [hat could be attributed tc the Petitioner' The ACB reglsterecl FIR on 22.0t.2024 for the offence punishable under section 120 lB) rlw 34 IPC. The case initially registered against only 4 per:;ons' The averments of the complaint are that the complainant and 17 others are engaged in Sheep trading and 2 employee rowe r ':fficials of Veterinary & Ani.r,ral Husbandry Department played fraud on them by taking their b'ank account numbers and remitting arncrunt due to them. The ACB apprehended those 4 named persons and added 2 more State Gov.:rnment employees who are not belon(:|ing to the Veterinary & Animal Husbandry Department' On the brasis of the statement given by a person, ACB has arrayed petitioner as one of the accused anrl apprehended him' Consequently, 1't respondent 7/ -,( ) 3 issued G.O Rt. No. 3G placing the petitioner uncter suspension invoking Rute 8 (2) (A) of TSCS (CCA) Rutes, 1991. 3 Pursuantly, the petitioner approached this Hon,ble High Court and filed Crl.p.No.7739 of 2024 questioning his arrest and this Hon'ble High Court after elaborate arguments directed for release stating that the role of petitioner being the managing director is the overall supervision of the Scheme and is not concerned with the ground level procurement of Sheep from the sellers and making payments to such sellers. Despite this, the petitioner,s suspension with effect from 31-05_2024 as per G.O.RI.No.36 without the appointment of an enquiry officer or issuance of charges, was not revoked during the review meeting held on 06_11_2024, based on incorrect assumptions. Therefore, the petitioner filed representations tatest being 20_03-2025, which highlights the same, especially in liqht of the Hon.ble High Court,s findings.

4. Learned counsel for the petitioner submits that appropriate orders be passed in this Writ petition, directing the respondents to consider the representation submitted by the petitioner on 20_03_ 2025 and pass appropriate orders in accordance with law.

5. Learned counser for the respondents submitted that a criminal Petition No'773g of 2024 was fired against the petitioner and in the said criminal petition the trial Court-bboervation was as follows: 4 "Further, accdEed Nos.3 to 8 the ofir:ials' t;rre already enlarged on bail' It is pertinent to note hr')re that the complaint in the present case has bt:en made: by a seller who has supplied sheep for ':he scher e, alleging that an amount of Rs'2'l-0'1'+'00()/- to be paid to different sellers by the Anirnal is du€ Contractor. tr 1.his husbandrY officials and the being the Ma r ag ing -ega1i, it is to be seen that Dire(:tor, the role of petitioner herein is the c've rall supervision of the scheme and he is no: con< er-ted with the ground level procurement of sheep frcm the seller; and making payments to such sellers"' Takin,l lnto consideration the fact that the pettioner has oeen in custody since 31'05'2024 and most )art of investigation is already completed, and furttrer ' as accused Nos.3 to 8 have already been enlargec on bail, ,his Court is of the consldered vieur that t is a fit case for grant of bail to the petitioner' subie(:t to the'ollowing conditions:

1. Tl- e petitioner/accused No'9 shall be relea setl on bail c,n his executing a personal bond for Rs 20'0(10/- witl- two sureties for the like sum r:ach to the satisl'action of the Principal Special Judge for SPE and ACB Cases, HYderabad at NamPallY' 2 Ttre petitioner/accused No.9 shall conrply urith the laid down under Sectior 431 (:\) of conditions as Cr.P.C. Petition is allowed accordinglY.

7./ I 5 6 In view of the observation of this Court in Criminal petition No.7739 of 2024, the learned counsel for the respondents submitted that they have no objection to the consideration of the sa id representation .

7. Taking into consideration the submissions made by the learned counsel for the respective parties, without going into the merits of the case, this Writ petition is disposed of, directing the respondent authorities to consider the petitioner,s representation dated 20-03-2025 and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. //TRUE COPY// SD/-P H. NAGABHUSHAMBA DEPUW REGISTRAR SECTION OFFICER To,

1. The Special Chief Secretary Animal Husbandry, Dept., Dr. BR Ambedkar Secretariat, Hyderabad iry Dev. and Fisheries

2. The Deputy Superintendent of Police, ClU, ACB, TS, Hyderabad 3. One CC to'SRl. CH. SAMSON BABU, Advocate [OPUC] 4. Two CCs to GP FOR ANIMAL HUSBANDRY , DAIRY DEVELOPMENT AND FISHERIES DEPARTMENT, High Court for the State of Telangana, at Hyderabad [OUT]

5. Two CCs to GP FOR HOME ,High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies BYk HIGH COURT DATED:2910412025 ORDER WP.No.10844 of 2025 CC TODAY ,1r,, t ' . a nt "1 / (.- i iti qAY 2G t.r'{ -.. ,:.,i, -.--- -.;'' ( )) C) j DISPOSING Of: THE WRIT PETITION WITHOUT COSTS \o ,d4 u-xw)D'