In this regard, it is informed that, Sri v. Doodya Naik initially appointed as Panchayat Secretary, Grade IV on contract basi

Petition under Section 151 cPC praying that in the ciroumstances stated in the affidavit filed in support of the petition, the High court rnay be pleased to implead the Proposed Respondent herein as Respondent No. 5 in w.p. No. 147g6 of 2023 and the interlocutory Applications filed therein. Counsel forthe Petitioner: SRI B. KIRAN KUMAR Counsel for the Respondents: Gp FOR SERVICES ll The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION 0.14786 0F 2(J23 ORDER: Heard Sri B.Kiran Kumar, learned counsel appearing on behalf of the petitioner and learned Government Pleader for Services-Il appearing on behalf of the respondents.

2. The Deti ioner aooroiched he Court seekin o Draver t as u nder: "...to issue any Writ, order or directlon more particularly one in the nature of Writ of Mandamus declaring the Proceedings No.763l2013-83 (pts), dt 03.05'2023 and Proceedings No.355/CPT&RE/82/2014, dt 6.I2.2016 issued by the 3'd & 2nd Respondent subjecting the Petitioner to criminal prosecution and terminating him from service by relying upon an unknown fake certificate while ignoring Petitioners Degree Certificate issued by Dr. B. R. Amberkar Open University as illegal, unjust, arbitrary, discriminative volatile of Principles of natural justice and also volative of Articles 14, 16 & 21 of the Constitution of India and consequentially set aside the Proceedings No.76312013-83 (pts), dt 03.05.2023 and Proceedings No. 355/CPr& RE/82/2014, dt 6'12.2016 by directing the Respondents to regularize the Petitioners service with all consequential benefits and pass..." I : l' 2 sN. 1 3 The case of the petitioner A vermen t s rnrda in t h A' in brief as Der ffi tl avtt filed brrfha -BctiEislcl-lll suDDort of t e oresent Writ Petition is a s underr- It is specific case of the petitioner that r€lying upon an unknown fake certificate totally ignoring the petit ioner's degree certificate issued by the Dr.B.R. Ambedkar Open Jniversity, the impugned proceedings Proc.No.763/2013-83(Pts.), dated

03.05.2023 had been issued by the District Colle<:tor (Pt.Wing), Nalgonda terminating the petitioner from servicc and further subjecting the petitioner to criminal prosecuti()r unilaterally without even considering the explanation, dated 23,01.2023 furnished by the petitioner in response to the sholt cause notice, dated 13.01.2023 issued to the petitioner. Agq-i:ved by the action oF the same, the present Writ Petition has b('en filed.

4. PERUSED THE REEORD. A. The order imouqned, Pr oc.No.7 63 I 20 13-83(Pts. ). dated 03.O5.2O23 Dassed bv the District Collector (Pt.Winq), Nalqondajs extracted hereunder:- S-\'-. J In the reference read above, the Hon'ble High Court at Hyderabad has communicated a copy of the orders passed in W.P. No. 30604 of 2021 dated 20-09-2022, and the orders is as follows ORDERS "In view thereof, this court deems it fit and proper to direct the petitioner to discharge duties of Panchayat Secretary. The respondents are however at liberty to initiate action against the petitioner, if they choose to. Till any action is initiated and a decision is taken by respondents no coercive action shat be taken against the petitioner. The petitioner is also at liberty to mate a fresh representation to the respondents to consider his case for regulairsation on the basis of Dr. B.R Ambedkar Open University certificate issued in his'favour and on submission of such representation, the respondents are directed to pass appropriate orders thereon within a period of four weeks therefrom. In this view of the matter, the Writ Petition is accordingly disposed of. No order as to casts. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed" In this regard, it is informed that, Sri V. Doodya Naik initially appointed as Panchayat Secretary, Grade IV on contract basis from open market under State and Subordinate Service Rules on the conditions mentioned on consolidated remuneration of Rs. 2OO0/- per month without any other allowances or monetary beneFits for a period of one year and allotted to Gram Panchayat, Chamalapally of Nampally Mandal vide Proc. No. 460/2006-A1(Pts), dated 29-12-2006 of the District Collector (P.t.Wing), Nalgonda. In the meanwhile, the Mandal Parishad Development Officer, Nampally vide lr. No. 382/2015-16, dated 08-01- 2016 & L9-02-2076 has forwarded the Degree (B.Sc.) pass Certificate from Osmania University with Roll No. 321-02- O2IOZ submitted by Sri V. Doodya Naik, Panchayat 4 SN. J Secretary who is working on contract h,asis since his appointment dated 30-12-2006 in Nampally l"landal. Accordingly, the District Panchayat Officer, Nalgonda vide Roc. No. 76312013-B1(Pts.), dated 05 (13-2016 has forwarded the attested Xerox copy of Deqree Certificate submitted by Sri V. Doodya Naik, throuqh the lvlandal Parishad Development Officer, Nampally to the Commissioner, Panchayat Raj & Rural Employment, Hyderabad to issue further necessary instrur,tions/orders in the matter. Further as per instructions from the C-ommissioner, Panchayat Raj & Ru,ral Employment, HyJerabad, the Mandal Parishad Development Officers, Nampally & Chandampet have been requested to furni:;l- the relevant original documents i.e., (Service Certificate'j, Appointment Proceeding as Contract Panchayat Ser:retary, Caste Certificate, Educational Qualifications from LOth to Degree and Study Certificates from 3'd to 1Oth C.lass etc.,) On 1B-08-2016. Accordingly the necessary -ertificates (in original) have been submitted to the Dirertor, Panchayat Raj & Rural Employment, Hyderabad for further action vides Roc. No. 76312013-81 (Pts.), dated 18-08-2016 Accordingly, the Director of Panchayat Raj & Rural Employment, Hyderabad have sent the certi''icates of Sri V. Doodya Naik, Contract Panchayat Secretary and another to the concerned Universlties for verification and vide the Controller oF Examination, Osmania Univr:rsity, Lr. No, 2L45, dated 05-10-2016 has submitted verification report stating that, the graduation certificate prodLrc.ed by the Sri V. Doodya Naik, Contract Panchayat Secret,rry is fake and accordingly requested the District Collector(Pt.Wing), Nalgonda to file a criminal case for giving ,alse certiFicate and also initiate disciplinary action against Sri V. Doodya Naik, Contract Pa nchayat Secretary The Mandal Parishad Development Office Nampally has been requested to file a criminal case aqainst Sri V.Doodya Naik, Contract Panchayat Ser-retary, Gram Panchayat, Nampally of Nampally Mandal for producing ) SN. J fake graduation certificate vide the Dist. Collector (Pt. Wing), Nalgonda, Roc. No. 76312013-81(Pts), dated 14- O3-20t7 Accordingly, the Mandai Panshad Development Officer, Nampally submitted compliance report after filing a criminal case against Sri V. Doodya Naik, Contact Panchayat Secretary, Gram Panchayat, Nampally of Nampally Mandal in the Nampaily Police Station duly enclosing a copy of FIR (First Information Report) filed on 25-03-2018, and since the filing of criminal case against the said individual, he is absconding from his duties. Further, a Show-Cause Notice vide No. 763/2013-Bl(Pts), dated 09-04-2018 has also been issued to Sri V. Doodya Naik, contract Panchayat Secretary, Gram Panchayat, Nampally of Nampally'Mandal, as to why he shall not be terminated from the post of Contract Panchayat Secretary, Gram Panchayat for submission of fake Graduation Certificate. Upon which, Sri V. Doodya Naik, contract Panchayat Secretary, Gram Panchayat, Nampalty of Nampally Mandal has filed a Writ Petition No.9668 of 2018 with the assertion made by him that, when he pursued his graduation from Dr. B.R. Ambedkar Open University, how the respondents have sent his certificate to Osmania University Accordingly, the Hon'ble High Court for the State oF Telangana at Hyderabad has passed orders in W.P. No. 9668 of 2018, dated 03-04-2018 directing the Commissioner, Panchayat Raj & Rural Employment, Hyderabad to consider the representation of the said individual dated 03-03-2018, within a period oF two weeks from the date of receipt of a copy of this order and take action accordingly. Till such time, the impugned Memo dated 06-12-2016 is suspended and disposed of the writ petitioner as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. Further, the Employment, Com m issio ne r, Hyderabad Pa nchayat Raj & Rural Memo No. 6 SN. J 355/OPR&RE/82/20L4, dated 09-05-2019 has requested the District Panchayat Officer, Naigonda to submit the copies submitted by Sri V. Doodya Naik, contract Panchayat Secretary at the time of his first ,rppointment on contract basis on 29-12-2006 along with :;freet of marks assigned to his degree qualification to file cc.rnter affidavit in the matter. Accordingly, the copies subnrrtted by Sri V. Doodya Naik, Contract panchayat Secretary at the time oF his first appointment on contract basis on 29-12-2006 along with sheet of Marks assigned to his Degree qualification have been submitted as desired. Further, the Commissioner, panchayat Raj & rural Employment, Hyderabad vide proc. No. 355/CPR&RE/82/2014, dated 31-05-2018 has passed orders stating that, as per orders of the Hon ble High Court in W.P. No. 9668 of 2018, dated 03-04-2018, the request of Sri V. Doodya Naik, Contract panchayat Se,:retary dated 03-03-2018 for regularization of his services have been rejected, as he has submitted fake Degree Certificate of Osmania University, Hyderabad earlier and now submitted another Degree Certificate from Dr. B.R. Arnbedkar Open University, Hyderabad, when the first certifi,:ate is proved fake. Further, the Commissioner, panchayat Raj & rural Employment, Hyderabad vide tlemo No. 355/CPR&RE/B2/20t4, dated O2-11-2021 t-as requested the District Panchayat Officer, Nalgonda t,t Inform the individual that, since the criminal case is pending against the Sri V. Doodya Naik, Contract panchayat:;ecretary, the request of the individual dated 14-09-2021 cannot be considered at this Juncture. Accordingly, the same has been communicated to the said individull on LB_11_2021. Further, the Sub-Divisional police Officer, Deva rakonda has been requested to furnish the present stage of the case in FIR No. 55/2OtB, dated 25-03-2018 for raking Further action in the matter, and the Sub-Divisionai Office., Devarakonda has submitted a report that, they have gone through the letter and verified the Cr. No. 55/2018 U/s. 465,468,471 and 42O IpC of pS Nampaily, it has came to 7 SN. J know that, this case was charged on 24-lt-2020 and it is P.T. vide CC No. 1058/2020 and enclosed a copy of the Charge sheet For kind perusal, and the same has been submitted to the Commissioner, Panchayat Raj & Rural Employment, Hyderabad as desired. Further, as per orders passed by the Hon:ble High Court For the state of Telangana at Hyderabad In W.P. No. 30604 of 2O2l dated 20-09-2022, the loint Commissioner, O/o. the Commissioner, Panchayat Raj & Rural Employment, Hyderabad vide Memo No.355/CPRS&RE/82/2014, dated 07.12.2022 has requested the District Collector(Pt. Wing), Nalgonda to inform the individual i.e., Sri V. Doodya Naik, Panchayat Secretary (Contract), Gram panchayat, Champalapally of Nampally Mandal to join in to duty by permitting him to duties and also to process for initiating departmental action under CCA Rules on his appointment by submitting a fake certificate of educational qualification and report compliance. Accordingly, as per orders of the Hon'ble High Court for the State of Telangana at Hyderabad In WP No. 30604 of 2O2l on 20-09-2022 vile reference read above, Sri V. Doodya Nalk, Panchayat Secretary (Contract), Ex-Gram Panchayat, Champalapally of Nampally Mandal has been posted as Panchayat Secretary on contract basis in Gram Panchayat, Vattipally of Marriguda Mandal, subject to finalization of Court case pending in the Hon'ble High Court. Further, a Show-Cause Notice vide No. 763/20L3-83(Pts.), dated 13.01.2023 has been issued to Sri V. Doodya Nayak, Panchayat Secretary (Contract), Ex-Gram Panchayat, Chamalapally of Nampally Mandal now working in Gram Panchayat, Vattipally of Marriguda Mandal for submission of his explanation to the notice, for submission of fake Certificate oF Educational Qualification during his service regularization. Accordingly, Sri V. Doodya Nayak, Panchayat Secretary (Contract), Ex-Gram Panchayat, Chamalapally of Nampally Mandal now working in Gram Panchayat, vattipally of 8 SN. ' Marriguda Mandal has submitted his explanation to the show cause notice on 23-01-2023, In the light of the above, the explanation o'Sri V. Doodya Nayak, Panchayat Secretary (Contract), Gram Panchayat, Vattipally of Marriguda has been examined and the explanation is found not satisfactory. Now therefore, In exercise of the powers as appointing authority and keeping in view the violation of as per Rule 17 of T.S. State & Subordinate Service RLrles, 1996, the undersigned being the competent authority hereby terminate the services of the said Sri V. l)oodya Nayak, Panchayat Secretar (Cqntract), Gram Panchayat, Vattipally of Marriguda Mandal for submission of fake degree certificate during his initial appointment. The Mandal Parishad Development Officer, Marriguda is requested to take necessary act accordin,;ly and report compliance. B. The rel evant oortion of the earli er orders of this Court, dated 2O.O9.2022 oassed in W.P.No.3O6O4 of 2021 is extracted hereunderi: r h etation

7. In view thereof, this Court deems it fit and proper to direct the resp ondents to Dermit the petitioner to discharqe the duties of Panchavat Secretarv. The resoondents are however at liberW loinitiatetction if th action is initiated and a decision is taken hv the resDondents, no coercive action shall be takel aqainst the petitioner. The petitioner is also at liberty to make a fresh representation to the respondents to consider his case for regularization on the basis of Dr. B.R.Ambedkar Open University certificate issued in his favour and on submission of such representation, the respondents are directed to pass appropriate orders thereon within a period of four weeks therefrom. ll a 9 SN, ] DIscus ION ND oNc USION:-

5. Learned counsel appearing on behalf of the petitioner submits that in response to the show.cause notice, dated 13.01.2023 issued to the petitioner calling for explanation from the petitioner for submission of fake certificate of educationar qualification during the petitioner,s service regularization, the petitioner submitted a detailed explanation denying the charges put-forth vide show-cause notice, dated 13.01.2023 issued to the petitioner herein on 23.01.2023, petitioner specifically pleaded that the petitioner completed h is g rad uation from Dr.B.R..Ambedkar Open University in the month of January, 2016 and subsequently, the petitioner made several representations to the respondents herein for regularizaUon of service and when the respondents herein requested the petitioner to provide the details oF the petitioner to the District panchayat Officer, Nalgonda for the purpose of regularization of services, the petitioner submitted the said required details along with the original documents, but however DpO submitted a fake Osmania Degree Certificate in place of certificate issued by Dr.B.R.Ambedkar Open University to the authorities, therefore, € 10 SN, J due to a mis-communication between the District Panchayat Officer and respondent Authorities, the petit oner was penalized and restrained from performing his duties, without providing any opportunity to the petitioner to prove p€:titioner's innocence and criminal proceedings had been initiated behind the back of the petitioner. Aggrieved by the same, the pi:titioner approached this Court by filing the W.P.No.30604 of 2021 and the same was disposed of in favour ol the petitioner on 20.Og.2022, directing the petitioner to make a fresh representation t-o the respondents to consider petitioner's case for regularizat on on the basis of Dr.B.R.Ambedkar Open University certificate issued in favour of the petitioner.

6. Learned counsel appearing on behalf of the petitioner further submits that other similarly situated candidates like the petitioner herein had been regularized with only Intermediate qualiFication, but however the petitioner had been penalized by an act of the District Panchayath Officer, Iialgonda who did a mis-communication and forwarded the Osmania University certificate instead oF Dr.B.R.Ambedkar Open University certificate without petitioner's consent and further, the petitioner made representation, dated 31.12.2022 to the respondents, I i t_ SN, J subsequent to the order issued in favour of the petitioner in W.P.No.30604 of 2021, dated 20.09.2022, but however, the said representation had not been considered and vide explanation, dated 23.01.2023, petitioner requested to drop the action initiated against the petitioner vide proceedings, dated 13,01.2023 and to regularize the services of petitioner on par with similarly situated candidates as per G.O.Ms.59, dated

04.09.2016 on the basis of Intermediate qualification, duly considering the Dr.B.R.Ambedkar Open University qualification certificate as certiFicate as directed by this Court vide its earlier orders dated 20.09.2022 passed in W.P.No.30604 of 2O2t in favour of the petitioner herein, but however without considering all the pleas put-forth by the petitioner in petitioner's detailed explanation, dated 23.01.2023 submitted by the petitioner to the 3'd respondent herein, the order impugned, dated 03.05.2023 had been Dassed bv the 3td resDondent mechani callv. in a routane anner without aool ication of mind an without asslonrno anv reasons statinq that the exolana ion of the petitioner had been examined and the exolanation is found not satisfactorv. t2 : SNI

7. Learned counsel appearing on behalf of the petitioner further submits that the order impugned, dated 03.05.2023 passed by the Distract Collector panchayat Wing, Nalgonda as bereft of reasons and the decision to terminate the petitioner from service had been taken unilaterally concluding that the petitioner had submitted a fake degree certificate, without even conducting enquiry, in accordance to law, by providing an opportunity of personal hearing to the petitioner on the basis of reports obtained behind the back of the petitioner, and therefore, the order impugned, dated 03.O5.2023 needs to be set_ aside. I Learned Govern ment Pleader ervtce -II nb alf s on r s a the order lmDuqned, ated 3.Os. o23 sse d bv the 3rd tsw ithout anv reasons and the matter c uld bere itted to the 3'd f lan tion spon dent 2 f

3.O1.2 2 3rd n n e h h w- b 2 u e 13 SN, J resDondent o the subiect issue within a reasonable period.

9. Takinq into consideration:- a) The aforesaad facts and circumstances of the case. b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned Government Pleader for Services-Il appearing on behalf of the respondents. c) The averments made in the counter affidavit filed on behalf of the respondent No.4. d) The contents of the order impugned, Proc.No.763/2OL3-B3(Pts.). dated O3.O5.2O23 issued by the District Collector (Pt.Wing), Nalgonda (referred to and extracted above) e) The contents of the petitioner's detailed explanation, dated 23.01.2O23 furnished by the petitioner in response to the show-cause notice, dated 13.O1.2023 issued to the petition er, f) The fact that the detailed explanation, dated

23.01.2(J23 furnished by the petitioner in response to the show-cause notice, dated 13.01.2023 issued to the \ t4 SN, J petitioner had, neither been discussed nor had even been referred to in the order impugned, dated 03.05,2023 issued by the 3'd respondent herein. This Court opines that no enquiry had been conducted and unilaterally to a conclusion had been arrived at that the petitioner had submitterl a fake degree certificate during the petitioner's initial appointment and the same had been the basis for issuing the order impugned, dated O3.O5.2023 issued by the 3'd respondent without considering the explanation furnished by the petitioner, dated 23.01 .2023 in respons€r to the show- cause notice dated 13.O1.2023 issued to the petitioner' The imDuqned Proc. o.763/ 2013-83(Pts. ). dated o3.o5.202 3 of the 3'd resDondent is set-asi d remitted tot the matter is nsideration of the exola e3tdr soo ndent n, dalted 23.01. o23 submitted b the petitione r rn resDonse to the show-c use ce, dated 13.0 .2(J23 i sued the Detitioner rdance to law, i confor itv with DrrncrD les of na ural rsona hear j t5 S\- J the Detitioner. dulv considerin o the observatio s of this its order, dat d 2O.O9.2O22 oassed Court in W.P.No.3 6O4 of ZO2!(referred to and extract d above) and oass aoorooriate reasoned orders within a oeriod of four (O4 weeks fr ) o date of rece to co DV oft ID t order and dulv communacate the decision to the oetitioner h ere in.

10. With these above directions. the Writ Petition is disoosed ot. However, there shall be no order a to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// ^,.,,'iii,YffffiH SECTION OFFICER To, lit;*,ffiH**#i{rtq*iifi''1;ffi1toFffi ;'r*'#-:* lur"";iu$iruu;,ut5+tmry114,,r'ru:::::":,.""",,"" touTl z. two CD CoPies BN HIGH COURT DATED:0510812025 ,]: Ii -l tl a_) \.\ 1\ =-S_ t: r- lF ii\. ^ ':1 'sh :i 'rl'il .<.,,,./, ' i,/ ../" ORDER WP.No.14786 of 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS o J