The High Court · 2025

Petiticrn uncer Section 151 CPC praying that in the circu nrsti'lnces stated in the affidavit filec in support of the petition, the High court n ay be pleased to direct the ilnc and 3rd Respondent to pay enhanced subsi;terce allowance @75"k as per I:R 53(1)(ii)(a)(i) from 1911212020 pending disposzrl of the above writ petition Counsel for the Fetitioner: SRl. MOHAMMED NAWAZ HYDER '\Ll Counsel for th,: Respondents : GP FOR MUNICIPAL ADMINIS IRATION AND URBAN DEVELOPMENT The Court made the following: ORDER HON'BLE MRS, JUSTICE SUREPALLI NANDA WRIT PETTTION No.22356 o F 2023 ORDER: Heard Sri Mohammed Nawaz Hyder Ali, learned counsel appearing on behalf of the petitioner and the learned Government Pleader for Municipal Administration and Urban Development, appearing on behalf of the respondents.

2. The asu der: itioner aooroached the Court seekino Draver "...to issue writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondents in not issuing orders of reinstatement as Town Mission Coordinator, Karimnagar after the proceeding of the 2nd & 3'd Responden t dt 7g-g-2\22, dismissal from service was set aside by this Honble Court in W.P.219 of 2023 dt 30-6-2023 as illegat arbitrary, violation of Article 14,16, & 21 of the Constitution of India, violation of GO Ms 86, G.A (Serv C) Department dt 8-3-1994 & GO Ms No 526 G.A (Serv C) Department dt 19-8-2008 & the principles of natural justice and direct the respondents to reinstate the Petitioner from the 30-6-2023 the date on which disciplinary proceedings were set aside and pass such other order or orders may deem fit and proper in the circumstances of the case. " 2 sN,J W.P.No.22 366 of 2023

3. The case: of the petitioner, in brief, is that tht: lletitioner was originally appointed as a Community Organize' in the year 2003 and laterr promoted to Town Mission,Coordiratrr under MEPMA, l(arimnagar. The petitioner was entitled to benefits under thc HR Policy which adopted the CS (CCA) Fl.ules 1991, having completed 5 years of service. On 19.06.2020, respondent tJo.3 suspended the petitioner based or ,: t:omplaint from a Banll Yanager, and subsequently, dismisserl him from service or 1ll 09.2022.

4. It is the specific case of the petitioner that :hough this Court pas;serl order dated 30.06.2023 in W.P.No.2 L9 of 2023 setting aside tle dismissal order dated 79.09.2022, respondents have not reinstated the petitioner into service as on date as Town Mis:sion C oordinator, Karimnagar under the prot€rxt of the enquiry, ,rvhich had not attained finalization as on dcrte. The respondents c:annot deny petitioner's right for reinstaternent into service or for rayment of subsistence allowance, whi:h also had not been paid to the petitioner. Aggrieved by the same, the petitioner fili:d the present writ petition. 3 sN,J W.P.No.22366 of ZO23 e a e ide W. o.2l 202 a Draver as u der: ndR "..to issue writ order or direction more particularly one in the nature of Writ of Mandamus by declaring the Proceeding Roc No.425135/E1_ ESTM/MEPMA/2022 .e. Miss ton Di rector. MEPMA andPr eedino No. nk Linkaoel2fJ19oft e 3td Alt soonde tin lmD stno m IOr Den Itv of d smissa I from servtce is illeoal. arbitrary, violation of Article L4, 76, 2L and 311(2) of Constitution of India, violation of Rule 20 and 21 of the Classification, Control and Appeal (CCA) Rules 1991 and against the principles of natural justice and consequently set aside the above said proceedings and direct the respondents to reinstate the petitioner with full backwages and to pass...', 6 The said Writ Peti ion i.e., w.P. No.219 of 2O23 was diso sed of vide its order dat

30.06. 2023 an re levant oara raDh N .9to1 1 are extra cted.hereu der: "9. The denial of the report oF the Enquiry Officer is denial of reasonable opportunity and a breach of principles of natural justice as held by the Hon,ble Supreme Court in Managing Director, ECIL, Hyderabad Vs. B.Karunakar and others. 4 sN,f W.P.Nc.2il366 of 2023

1.0. In view of the same, the.impugned r'lrroval orders i:re liable to be set aside on the grourrd that non-supply of relevant documents and report ol' the Enquiry Officer before issuing the impugned r':n'oval orders e nrl without following the due process as ler the HR Polic1,' of the MEPMA issued in 'GO.lYs'l\1o.163, Muni,:ipal ,Administration & Urban Development (IJBS) Departnrent, dated 01.09.2018. 1 ceedin R .No.4

19.09.20 M MEPMA 2 11. In view of the above find no, this pet!-tt-e!!-- is disoosed of bv settino aside rmDuqned order oassed bv the reso ndent itlo.2 vide___ P E1- f ras the Del:itioner is concerned and the responde nt:i; are directed to supply the copy of the Enquiry Roport submitt,:d by Lr.No,W 1.t'1,32312020 dated 22.09.2021 and rtther documents as requested by the petitioner on 19.09.20,t-.1 and proceed further from that stagle in accordanc:r: with law and pass appropriate orders. I here respondent No. 7 shall be nc order as to costs. "

7. Learne,d :ounsel appearing on behalf of the petitioner in support of petitioner's case, places reliance on the ot'ders of this Court dated C;5.07.2023 passed in W.P.No.42BB6 cf |!.022 and order dated 1.8.08.2023 passed in W.P.No.22452 tf 2023, in support of pr:titioner's case. 5 sN,l W.P.No.22366 of 2023 E I T E 8 The relev nt eG.o.M .No. 86 eneral A mrn stration Se( rvice s-C) D oa ment,

08.03. L994,s extra hereunder: "An outer limit be provided as two years from the date of suspension, failing which the public servant may have to be reinstated without prejudice to the proceedings being pursued However, in exceptional cases, considering the gravity of the charges, one could be continued under suspension even beyond a period of two years, especially in cases where there is deliberate delay caused due to non-cooperation of the employee concerned. " Th n o s G er d D a

19. 08.2oo8. ise ractedhereu nder: riod ex "Accord nolv. Governm nt, herebv direct w r n a a n n f, tno two vears shall ber insta ted h However, in exceptional cases, where the charged Officers are not for completion of operating investigation/inquiry or when the inquiry investigation could not be completed due to pendency of litigation, a example, n i 6 SN,J w,P.No.22 366 0f 2023 I Commitl:er: headed by the Secretary of the adminisl:rative Department, Head of the Departnrent concernr-.d and an OfFicial from the Anti-Cor-uption Bureau i'r,vhere the cases are emanated frorn Anti Corruptiort Bureau investigation), shall review the orders of r;uspension against the employees who are continue:d under suspension well before completic n of two Yea's of suspension and take a decision to conl inue such enrployees under suspension beyond two y(,)ars, duly recording the reasons for such a decision."

10. Learned ,Assistant Government Pleader submits that the writ petit on could be disposed of directing the respondents to take a decision pertaining to lssuance of orders of re ns;tatement to the p€:titioner as Town Mission Coordinator, Kar m ragar, in accordanr:e to law duly considering the order of this :ourt dated

30.06.20;13 p,assed in W.P.No.219 of 2023 in favot,r of the petitioner, G.,l,.Ms.No.B6 General Administration (Services-C) Departm€:nt, dated 08.03.1994 and G.O.Ms.No.5 26 General Administration (Services-C) Department dated 1S).08.2008 (referred to 3rd extracted above), within a reasonabl,: preriod.

11. The learned counsel appearing on behalf of the letitioner does not dispute the said submission made by :hcrr learned 7 . sN,., W.P.No.22366 of 2023 Assistant Government pleader appearing on behalf oF the respondents.

12. Takin lnto considera ion: a) The aforesaid facts and circui,nstances of the case, b) The submissions made by the tearned counset appearing on behalf of the petitioner and the learned Government Pleader for Municipa! Administration and Urban Development, appearing on behatf of the respondents, c) The order dated 30.06.2023 passed in W.P.No.219 of 2(J23 in favour of the petitioner. d) G.O.Ms.No.86GeneralAdministration (Services- C) Department, dated O8.O3.1994 (refeffed to and extracted above), e) G.O.Ms.No.526 Generat Administration (Services-C) Department dated 19.Og.2OOg (referred to and extracted above), f) The plea of the petitioner that the petitioner had been under suspension since two years, however, 8 SN,J W.P.No 22:i66 of 2023 subsistence allowance at the rate of 75o/o had not been released in favour of the petitioner for the period from 19.06.2020 to 18.09.2022 and thereafter, the petitioner had not been paid any subsistence allowance, 9) l'he orders of this Court dated O5'A7'2O23 passed in W.P.No.42886 of 2022 and the order dated 18.08.2023 passed in W.P'No.22452 of 2O23, whereunder in similar t:ircumstances, the petitioners thereunder had been reinstated and, h) l.n view of the fact as borne on record that the period of two years has been lapsed since the petitioner had been placed under susPension, The 'writ petition is disposed of directing the respondenl:s to consider the request of the petit[oner for reinstatement forthwith as Town Mission Coordinator under MEPMA, Karimnagar with effect from 30.06.2023 as per G.O.Ms.No.86 General Administration (Senvices-C) Department, dated O8.O3.1994 and G.O 'Ms.No.526 General Administration (Services-C) Department dated 19.08.2OOtl (referred to and extracted above) in accordance to Law and take a decision thereon on the 9 SN,., W.P.No.22366 of 2023 subject issue, within a period of four (4) weeks from. the date of receipt of a copy of this order and duly communicate the said decision to the petitioner. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed. Note : That the typographical error crept in reading the date in the prayer of the affidavit, and operative portion of lhe order, dated 18-03-2025 in W.P.No.22366 of 2023 as 31_ 06-2023 in place of 30-06-2023 and dispatched. The same is corrected and amended forthwith, as per the Court Order, dated 28-04-2025 in t.A.No.1 of 2025. This Amended order shall substitute the earlier order which has already been dispatched on 04-04-2025. To, //TRUE COPY// (MEPMA). Hyderabad

1. The Special Chief Secretary. IVlunicroal ^ DeveJo.pment, Secretarial., Telangina. 2 The IVission Director, Mission f"or Elimination 3. The Project Director, MEplVA. Karimnaoar 4. One CC to SRI. MOHAMIMED NAWAZ-HYDER 5. Two CCs to cp FOR MUNtCtpAL ADMi ^ DEVELOPMENT ,High Court for the State oiiet 6. Two CD Copies. " BSK SD/.K. SREE RAMA MURTHY DEPUTY REGISTRAR SD/.K. SREE RAMA MURTHY DEPUTY REGISTRAR SECTION OFFICER ministration and Urban of Poverty in Municipal Area ALl, Advocate [OPUCI NISTRATION NNO UNEAN angana, at Hyderabad [OUT] l CC TODAY HIGH COLIRT DATED:1810312025 2810412025 AMENDET) ORDER WP.No.22366 of 2023 ===+s E 9r4i:'\ 1tl 21 l,iiY 2l;5 q -) (\ 2 IC, ,-',/ -:/ OE SPA rcvrr I =J'- DISPOSING OF THE WRIT PETITION WITHOUT COSTS T\