Dr. L v. j:r;"i:rlf

Counsel for the Petitioner: SRI B.M.PATRO Counset forthe Respondent Nos.1 & 3: GP FOR SERVICES ll Counsel for the Respondent No.2: SRI M.P.K.ADIWA' SC FOR TWP The Court made the following: COMMON ORDER 1 HON'BLE SF:I JUSTICE NAMAVARAPU RAJESHWITT RAO WRJ'II PETITION Nos.162O & 227t3 of 2024 COMMON OR.DER: . Thes;e trnc Writ Petitions are being disposr:d c,f by way of this Ccn:mtn Order as the issues involved in t.rr:se two Writ Petitions a.re one and the same. W.p.No. ).,i2,C t>f 2024 is fiIed to rlirect the 2.d respondent to cc,ntin.re the petitioner as Superintendent, District Hr:adrlrarters Hospital & IlIedical Superintendent, District Il>spital, Karimnag,rr, lF suspending the impugned ltror:e,edings bearing rRr .No.238/M7 /2O2O, dated 16.O1.,.2Ct24, and consequentiaJ proceedings bearing Rc.No.2954 /ML I2022, dated 16.01.2()124 passed by the 2"d responrlent, a,eC W.p. No.227I3 o1''.2A24 is filed to direct the 2.d resporient to continue the petitioner as Superintenrlent, f )istrict Headquarters lospital & Medical Superintendent., tristrict Hospital, X.arirnnagar by suspending the irnpugned proceeding;s bearing Rc.No.238/M I12024 , 16.O8.202,1, is,slred by the 2"d respondent. dated. \r \ 2

2. Heard Sri B.M. Patro, learned Counsel for the in both the Writ Petitions, and learned petitioners Government Pleader for Services-Il appearing for respondents No.1 and 3, and Sri M.P.K. Aditya, learned counsel for respondent No.2 in both the Writ Petitions' Perused the record.

3. Brief facts of the case in W.P. No.1620 of 2O24 are as under: While the petitioner was working as a Civil Sirrgeon Specialist (GM) at Peddapally District Hospital, he was sent on deputation to work at the District Hospital, Karimnagar, in the month of June 2022, arrd he worked up to Apnt 2023. Thereafter, in order to conduct an inquiry into some lapses found during a special audit in a smooth and transparent manner against some doctors in the District Hospital, Karimnagar, on the request of the Inquiry Ofhcer, the petitioner was again posted as Superintendent, District Headquarters Hospital & Medical Superintendent, District Hospital, Karimnagar, on in- 3 charge bers j s'ride Proceedings Rc.No.238 / M 1 / 2Ct2O, dated

25.04.2Ot1,3 arrrl he joined on 26.O4.2023. 3(0 V/hLle the matter stood thus, the Chairperson, Hospital I)evr:lopment Committee, who is none ot]rt:r than the Chair-rrarr. Z7lla Parishad, Karimnagzrr, cor:rltlained against the petitioner ald other doctors on certain zLspects vide letter llo C:CICZP/2923, dated 11.12.2,023 tc, rhe 3.a responderLt ht.rein to take further action calli:rg :nquiry. The 3.d re,sllonrlent herein, without serving, ar:y tr,ft:mo of allegation or charges calling their explanation. straight away appoinl.r:cl an Inquiry ofhcer/Districr Me<li::irl and Health Offic,:r, I(arimnagar, who is a Deputy Civil Surgeon, feeder cat(:g()rl lo petitioner's post of Civil Strrgeon and the Inquiry Ofiict:i. in turn, after receiving peL L oner,s explanation dat=d 20.72.2023, the concerne:d Offi<.er sent a report to the 3.d respondent. 3(ii) 'I'he reafter, based on D.O. letter dated 12.O7.202,1 of the 3'd respondent, the 2,,d r.esg,6nd6n1 issued ploceedings Rc.No.238/MI /2O2O, dated L6.O1.2022, directing the petitioner to handover the 4 charge for the post of In-charge Superintendent, District Head Quarters Hospital and In_charge Medical Superintendent, District Hospital, Karimnagar District to one Dr. G. Ravikanth, CSS (pead.), working at MCH, Karimnagar, and also issued consequential proceedings bearing Rc.No.2954 /MI/2022, dated 16.01 .2024, posting the petitioner to work at District Hospital, peddapalli District, by cancelling the proceedings posting the petitioner as Superintendent, District Headquarters Hospital and Medical Superintendent, District Hospital, Karimnagar District. However, the petitioner was not yet relieved as his reliever refused to take charge of the post in the petitioner's place, and these two impugned proceedings of the even date, i.e., 16.01.2024 of the 2"d respondent, are being assailed in the present Writ petition.

4. Learned counsel for the petitioner submits that the impugned proceedings in question in the instant Writ Petition are destructive and unsustainable as they have been passed in gross violation of TS CCS & CCA rules as the Competent Authori$/2"o respondent had not initiated any disciplinary proceedings against the petitioner under 5 the rules e>:cep,t saying in the interest of adminir,,tration. When peUtior.Lt:r's re-posting was at the instance o,. [he 3.d respondent urLcler an enquiry conducted by em .ilaquiry Officer who is rl Deputy Civil Surgeon which is e feeder category prst to the promotion of civil Surgeon. Il^sred on a complai.t of a political person who is none,tthr:r.than Chairman ,>f tl-te Zllla parishad, Karimnagar.

5. Learnec ccunsel for the petitioner further srrbmits that the 3.: re,sipondent has no role in orderin5; in,luiries against thr: le;1,615 as the 2"d respondent iS alo n,: the Competent Arrthority to inquire into.

6. Learne:d counsel for the 2nd respondent fil:d a counter stzrtine that the District Collector &, lrir;trict Magistrate oi Karimnagar District, in his letter vide D.O.Lr.No.A I /,' 6)';,/ 2024, dated 12.01 .2024 had subrnitted that Smt. Kanrrmalla vljaya, Chairperson , ZiLla l>raja Parishad, )(ari.rnnagar & Chairperson, HDC, V:CH, Karimnagar Dislrict, submitted a complaint agrdnst the Petitioner, Distri:l Coordinator of Hospitals Servicesr and others. Ac':orcri.gry, the District Medicar and Hea-lth 6 Officer, Karimnagar, has conducted an enqulry and submitted her enquiry report stating that the Petitioner' District Coordinator of Hospitals Services' Karimnagar' who is working on d'eputation from District Hospital' Peddapalli District, is creating disturbance by digging all unnecessary things into the light and creating disturbance to the healthy atmosphere of the Hospital' Further' the Enquiry Oflicer recommend'ed cancelling the petitioner's deputation and posting a suitable and efhcient officer as DistrictCoordinatorofHospitalservices,Karimnagar,on regular basis for smooth functioning of administration at DCHS, Karimnagar' 6(i) It is further submitted that as per the request of the District Collector, Karimnagar' respondent No'2 had issued cancellation orders of the work permit of Petitioner CSS (GM) and directed' to handover the charge of In-charge Superintendent, DHQH, Karimnagar' and In-charge Medical Superintendent, DH Karimnagar District to Dr' G' Ravikanth, CSS (Pead), District Hospital' Karimnagar' who isthesenior-mostamongthedoctorsvideproceedings Rc.No.238lMll2O2O, dated' 16'0l'2024' For the said 7 grievance, the petitioner approached this Court '.t.2 hling W.P.No.1(i2) cl 2024 and this Court passed or,lers on

23.01.2O2+ t.trat "Pending Wit Petition, Stcrt:ts-euo obtaining zs cm todag shallbe maintained."

7. SubserluLt:nt to the Status Quo Order, thr: pr:titioner was served rv'th a show cause notice issued by the 2"a respondent .rLcle proceedings in Rc.No.1l38/M,. .t2024, dated 16.08 .2.Ot24, on the ground that the petitLoner failed to perforn h,is duties of In-charge DHeH }larinrnagar District arLd did not obey the higher officia,t oriiers, which resulted in ;r,1yerse News published against r,h e Area Hospital, .{rrzrrrabad, Karimnagar District. Again,st the said show..cau,;r: notice, the petitioner frled W.t).Nc,.122713 of 2024 r;tati:r;g that the Adverse news published in Namaste T'elangana Daily News Paper distnct Edil:icn on 07 .O8.202,1 ilg€d nst Area Hospita_I, Huzurabad, K arir nnagar district, CaJrt:irxred that SAGAM MANDE DOCT()RULU which result:; Lr criticizing the Government Hospitai .n the Public and l{e,1:ia. In view of the above, Dr.l,. Lrishna Prasad, (lSS & In-charge Superintenclenl , t)HeH Karimnaga: clistrict, has tailed to perform Districl/Hcspital 8 administration as In-charge Superintendent, DHeH Karimnagar district, for not making a_lternate arrangements for the Doctors and gaps not fulfilled at Area Hospital, Huzurabad. He did not respond to the request letter received from the Medical Superintendent of Area Hospital, Huzurabad. He did not obey the higher offrcial,s orders informed from time to time in Zoom meetings, which resulted in adverse news against the Area Hospital, Huzurabad, District. 7(1) Therefore, Dr. L. Krishna prasad, Civil Surgeon Specialist (GM) In-charge Superintendent, DHeH Karimnagar district, was directed to furnish an explanation on the request letter of the Medical Superintendent, AH Huzurabad, and adverse news mentioned in the news paper within (24) hours to this offrce from the date of receipt of this Show Cause Notice. Otherwise, it will be construed that the individual has nothing to submit, and disciplinary action will be initiated against him as per CCA Rutes 1991 as per available records. 9

8. Learned t:orLnsel for the petitioner submits tha'- the petitioner subrni-ted his explanation stating tha: at; per instructions issued in the Zootn meeting on 27'()7'"1'024' he submittel a l{ote file on O|'O8'2O24 to the Dis'rict Collector, Karimnzlgar, for permission for the deputat.on of Specialist doclols from District Hospital' Karimnagar to the Area HospiteJ Huzurabad' It is submitted that ct:rtain doctors we:e transferred on 3l 'O7 '2024 durin5: the Genera-l T:-aas; e'rs-2o24, for which the lletil.icner approached tl-rr: District Collector, Karimnagar' wit:h the Note lrle on 0 ], '(]8.2024 for making a-lternate arfallge,,n'ents to avoid disloc:eLtion of work' The District Colrector' Karimnagar, in.s;tructed the petitioner to wait lbr a few days for pu1's1la:rce and d'iscussion (This fact was instilntly brought to the notice of the Commissioner' IWP' Hyd.erabad, oo t)'2.8-2O24 and O3'8'2O24 during the 1"oom meeting). 8(i) le:rrr.ed counsel for the petitioner lurther submits thal r)n the publishing of adverse Ne'ws in the Newspaper 1he petitioner again approached the I)istrict Collector, I(arlrrnagar. The District Collector replieC' the 10 same way ald the Note file is still on the table of the District Collector, Karimnagar. Not only this but there is also one note hle regarding the shifting of certain sta-ff nurses (TWP DH. Karimnagar) on a need basis to Area Hospital Huzurabad, CHC. Choppadandi, which was initially approved by the District Collector on O1.8.2O24, was again called. She struck off her endorsement and instructed the petitioner to stop the implementation, even though more than 2OO staff nurses are working in GGH, Karimnagar. 8(i0 l,earned counsel for the petitioner further submits that as per the instructions of the Health Minister through Telephone to the Medical Ofhcer, CHC Jammikunta, the petitioner submitted one more Note file to the District Collector, Karimnagar, for allotting of One G5mecologist and Anaesthesia to work at CHC. Jammikunta, which has also been pending with the District Collector, Karimnagar, for 25 days. In this regard, the petitioner had been constantly approaching the District Collector, Karimnagar. On 09.O8.2024 the petitioner also visited to the District Collector's Office at 7l noon, still MzLclam was unavailable, and again ,et 1.13 P.M., the 0rl to District Collector, KarimrLagz:r, had informed th;rt Vadam would look after the hle. 8(iii) Lea rned counsel for the petitioner f urther submits that the petitioner was continuously apprr>ilching the Distri<:t Clollector's Ofhce for approval. Since r,here is no slacknes;s <>r failure in performing the pet.troner's legitimate cir-rtir:s and responsibilities to'"rrari.s rr.edical activities for t te welfare of the public, as su ch" he requested the lommissioner to drop the adrrerse ar:1ion, if any, propcsr:d against the petitioner and also re.qur,:sted to permit hinr 1o lepute the Specialist Doctors, Nr.rsir.r11 Staff and other s;uipporting staff working in absorbec GGH, Karimnaga.r,,c the Area Hospital Huzrrabad, CHC Jammikunta, OHC Choppadandi for impro'rerrent of quality anrl :irrrr:ly treatment in the TWP Hosp:tal., of the District to '.hr' poor and needy patients anci tbe said explanation r,,,as submitted on 09.O8.2O24 to the 2"d respondent. aLloeg with enclosures and without consirlering the same, inlti.:(ed enquiry and the 2.d respondent issued Orders vidr: Ilc.No.15/ML/2024, dated 08.OB 2O?.4. 12 8(iv) Learned counsel for the petitioner further submits that a preliminary enquiry is to be conducted when a stigma is attributed to the petitioner. After considering the explanation and enquiry report, orders have to be passed, which was not done showing that the said impugned order i5 illegal, arbitrary and violation of principles of natural justice.

9. The 2"d respondent hled a counter stating that respondent No 2 issued a show-cause notice, dated O8.O8.2O24 stating that In-charge Superintendent, DH, QH, Karimnagar, failed to perform his duties as In-charge Superintendent DH. QH Karimnagar did not obey the higher ofhcials orders, which resulted in adverse news published against the area Hospital, Huzurabad, Karimanagar District. Further informed that, after completion of general transfers 2024, tb.e counselling in respect of doctors/nursing/paramedical staff wing under Telangan Vaidya Vidhana Parishad and conducted zoom meeting with atl in-charge superintendents DH, QU, wherein clearly stated where their specialist services effects and services are not available present, the 13 concernod s.l.rperintendents are directed. to F,r 3pa_re a proposal eLn(l put before the District Magistrate,'(lollector for inter:nal rtrrangements, within the Disl.ricl without dislocati,rr. o patient care immediately. 9(i) It is further stated that the Medical Superinterrdr:rrt Area Hospital, Huzurabad, Kar..mnagar District, has addressed a letter to th,: IrL-charge SuperinterLde nt, DHQH Karimnagar, on 24.O7.2024 for a-lternate rlrrangement of Gynecologist and Anr,:s,thetists services at l\rr:a Hospital, Huzurabad, Karimrragar', which is essential ftr the emergency services and perf<.,rm good number ,tf de l..veries at Area Hospital, Huzurabad, and for smooth ninning of MCH services. The Aclvers,l news publishe<l in Namaste Telangana Daily News P;rper District Edition on 0l' 08.2024 against Area Hospiral, Hu:arrabad., Karimna5lai- District, captioned that SAG,A,M I\iIANDE DOCTORUI-II rvhich resulted in criticizing the Gor,.emment Hospita-l in tlt,: Public and Media. In view o1' th,s above, Petitioner, CSS & In-charge Superintendent, DHeH, Karimnagal f)istrict, has tailed to perfor.m District Hospita,ls ircl;r:Linistration as In-charge Supt:rintt:ndent, 74 DHQH Karimnagar District, for not making alternate arrangements of the Doctors and gaps not fulfilled at Area Hospital, Huzurabad, and even not responded to the request letter received from the Medical Superintendent. Area Hospital, Huzurabad, did not obey the higher oflicial orders informed from time to time in Zoom meetings, which resulted in adverse news against the Area Hospital, Huzurabad, Karimnagar. Therefore, Petitioner, Civil Surgeon Speciatist (GM), In-charge Superintendent, DHQH Karimnage District was directed to furnish explanation on the request letter of the Medical Superintendent, AH Huzurabad. Adverse news appeared in the News Paper, within (24) hours from the date of receipt of the Show Cause Notice, otherwise, it will be construed that the individual has nothing to submit. Disciplinary action will be initiated against him as per CCA Rules 199 1 as per available records. 9(ii) It is further stated that the petitioner has not responded immediately to the request letter of the Medical Superintendent, Area Hospital, Huzurabad, Karimnagar District, for making alternate arrangements for the // //' 15 Doctors and has not fulfilled gaps at Area Hospital, Huzuracad, Karimnagar District even alter lap,se of (15) days c:rusrn11 adverse news published on O\..0g.2024. Which r,:s,rrlted defaming/critrcizing the (]or,.ernment Hospitals in the public and media. Moreover, fre did not follow highr:r official's orders from time to timr given in Zoom rr.eetitrgs daily. This respondent rn,as not satisfied with the p=titioner's explanation and decided 1.o rr:lieve him as his ove r,u performance as District Admirristr-zLtor was unsatisf:rctory. He is creating hurdles / prot,lenrs for the district zrdministration and not obeying the higher. officia_l orders, crLusring inconvenience to the admin isrtration, thereby rlefa.rning/criticizing the Governrnent Hor,;trritals in the public arrl media vide this office Rc. No.23,3/It, /2024, dated 16,011.2Ct24. g(iii) [t irs further stated that in support of their action, theT r.e:lied upon orders passed b5, this i.lcurt in LA.No.3 of 21it4 in W.A.No.78I of 2024. rvhir:h ;.e ads as under: i4s srren fi,trrt the impugned ord.er, the lea nted. siqle -iuclg t hos t,et rt:;ide the In charge aftangement giuen t(t th,l I i 76 appellant on the ground thot respondent ,lVo. -f is senior to the appellant- A pentsal of the record drbcloses that a.s per the senioity, respondent No.l was giuen In-charge arrangement on 30.11.2018. Howeuer, on certain lapses the part of respond"ent No. 1, the In-charge arrangement was giuen to the appellant for smooth functioning of the Hospital uide Order dated 11.O8.2O23. Further, respondent No.l has no uested ight to continue as Superintendent on In-charge basis etemally. The learned Sitqle Judge has not appreciated the said aspect. Therefore, the impugned order, dated O1.05.2O24 needs to be suspended. Accordinglg, the ord.er, dated: 1-5-2024 passed in W.P.No.24658 of 2O23 b suspended, so as fo enable the appellant to continue as Supeintendent on in chorge basis pursuont to the orders daled: 31 O8-2O23." They further stated that the petitioner, without prior permission of this respondent nor District Ofhcia1s, simply forwarded the leave application through mail on

16.08.2024 stating that he was suffering from Viral fever and illness, for which he applied for casual leaves from

17.08.2024'to 23.08.2024. As a District Administrator, the petitioner did not propose the next nalne of the officer to look after his duties during his leave period. Without alternate arrangements, the petitioner himself proceeded on leave. It clearly shows that the petitioner is creating problems for the higher officials and district administration and he is also negligent in his professional 1,7 duties. Ir: 'uie:w of the proceedings, the petition,.)r' cannot continue in-:harge post without relieving from the post. Accordingly, prayed to dismiss the Writ Petition.

10. A perusal of the record in the first Writ Per it.ion, i.e. W.P.No.I620 of 2024, shows on 1. .12'.2C23, Kanuma.la Vgaya, Chairperson, HDC, Dlstrct MCH Hospital, Ke rirnnagar, levelled allegations agzri:rst the petitioner iur,l other doctors, who were working fur District General l{osp,ital, Karimnagar, are as follows:

1. T'httt rL,:.e petitioner b not extending ctng kiru:7 of irtfrtrnuttion to her since two years.

2. LIDC .\4'eeting is not conducted since Jar'lai!. 2O22 3. h'ot ci"<:ulating fiLes uhich required approt,al of ()hattTterson, HDC.

4. No inJbrmation of Drugs receiued and di.stt ittuted.

5. Not d.tscLosing the grant position.

6. E'e i^s not attending public representa_tiu<t phone calls l;.h:e ZPTCs/ MPPs. It is furtl.er-illleged that the said doctors are not zrftending their duties rr:gularly, and not signing in the Ftospital Attendanr:e Rr:y;ister. She received severa-l complaints from the patierrtr;. Elasing on this complaint, the pr<lce<,clings in 18 Rc.No.238/Mll2O2O, dated 16.01.2024, were issued by the Commissioner, Telangana Vaidya Vidhana Parishad, Hyderabad, stating that specific allegations were made by Smt. K. Vijaya, Chairperson, ZPP,Karimnagar, against the petitioner and others, enquiry conducted and requested to post a suitable ofhcer as District Co-ordinator of Hospital Services, Karimnagar, on a regular basis and the Commissioner kept Dr. G. Ravikalth, CSS (Pead) as In- charge Superintendent, District Headquarters Hospital, & In-charge Medical Superintendent, District Hospital, Karimnagar District.

11. The inquiry was conducted by the District Medical and Health Officer, Karimnagar, who was a Deputy Civil Surgeon, feeder category to the post of the petitioner as Civil Surgeon and is not a competent authority to conduct an enquiry. Moreover, as alleged by the petitioner, w.ithout serving any Memo of allegation or charges calling for his explanation, straight away, based on the complaint, how the 3'd respondent/District Collector appointed an Inquiry Officer. It is pertinent to mention here that while the petitioner was working as a Civil Surgeon Specialist (GM) ,' 7 19 at Pedda:a-lll District Hospital, he was sent otr rlt':prutation to work eLt th,: District Hospital, Karimnagar, in tlLt: month of June 2lO2'.2. He worked up to April, 2023. Th<:r,:'rfter, in order to r:onrluct an inquiry into some lapses for-rrrd during a special audit in a smooth and transparent manner against sorne cloctors in the District Hospital, KtrrLrnnagar, on the rr:quest of the Inquiry Ofhcer, the petitiorrer was again pcsterl S Superintendent, District Heaclcr..rarters Hospital 8r Nledical Superintendent, Distri,:t Hospital, Karimna5lar, ()n in-charge basis vide Pro,:eer lings 1n Rc.No.2387N|ll2O2O, dated 25.04.2023 and he j'r nsd ..

26.04.20',.23.

12. So, it is; c:lear that the petitioner was depu.tr:cl to the District l{c,spit:al, Karimnagar, to conduct s()n1c inquiry into somr: lapses found during a special audit in z, smooth and transpa.rent manner against some doctors, in the District F: ospital, Karimnagar, and he joireed

26.O4.20'.23. n December 2023, based on the ,:orrLFlaint of Chairpers;or^t, 2',PP, Karimnagar, to the Distri<:t ()ollector, Karimnagar'/!l.t respondent, without serving an.,r Vlemo of aJlegation r-) charges calling for the pet.i[ioner's 20 explanation, straight away appointed the Inquiry Officer, who is junior to the petitioner. Based on the D.O. letter dated 12.01.2024 of the 3.d respondent, the 2.d respondent issued proceedings 1n Rc.No.238/M1/2O2O, dated

16.01.2024, directing to handover the charge of his post to one Dr. G. Ravikanth and a-lso issued consequential proceedings in Rc.No.29 54 I Ml I 2022, dated 1 6.0 1.2024, posting the petitioner at District Hospital, Peddapalli District, by cancelling his posting AS Superintendent, District Headquarters Hospita,l & Medical Superintendent, District Hospital, Karimnagar, in-charge basis. However, Dr. G. Ravikanth has refused to take charge of the petitioner's post.

13. The petitioner challenged the above two proceedings before this Court, and this Court granted a Status Quo Order. A perusal ofthe record shows that on the request of the Inquiry Ofhcer, the petitioner was again posted as Superintendent, District Headquarters Hospital & Medical Superintendent, District Hospital, Karimnagar, on an in- charge basis vide Proceedings ln Rc.No.238lMt /2O2o, dated 25.O4.2023 and he joined on 26.04.2023. The 1l il,ll /. Chairper-sort ZPP, Karimnagar's complaint stLowr; that the 21 petition€r hras not extended any kind of infonnatic,n to her for two J'e9.fq. HDC Meeting has not been r cnducted since Januety_2022 Files are not being ,:irculat.e d which required eLpfrroval of Chairperson, HDC. The xrmplaint itself is dated 11.12.2023, whereas the petitiorer joined duty on '..).6C.4.2O23. Then, how the ,:onten.s of her complairLt can be considered? they are false allegertions.

14. Whiie pending the hrst Writ Petition, [he 2"d responde:nl ..ssued another show-cause nLl -ice in Rc.No.23B,rl/)l /2024, dated 16.08.2024, stating that the petitioner has failed to perform his duties of rr.-charge Superint,tr,.der.t, DHQH, Karimnagar District anrl did not obey the .higher official orders, which resrrtted in inconvenieecr: to the patient care and administra.tion and adverse Ne'a's published against the Area Hospital, Huzurabad, J{arimnagar District, and directt:d the petitionet '-o handover the charge of his po:;t t,t Dr. V Chandra Slrt:khar, CSS (Anes) Dist,ricl tlospital, KarimnaE;at-. 22

15. When the matter is sub judice before this Court and Status Quo orders are in force, the issuance of show-cause notice in Rc.No.238lMl/2024, dated 16.O8.2O24 itself is not sustainable. Thus, the sum and substance of all the three proceedings would mean that the authoriti.es want to transfer the petitioner from his place by hook or by crook. It is not out of place to mention that the petitioner was deputed to work at District Hospital, Karimnagar, in order to conduct al inquiry into some lapses found during a special audit in a smooth and transparent manner against some doctors in the District Hospital, Karimnagar. As per instructions issued in the Zoorn rneeting on 27.07.2024, the petitioner submitted a Note Iile on O1.O8.2O24 to the District Collector, Karimnagar, for permission for the deputation of Specialist doctors from District Hospital, Karimnagar, to the Area Hospita-l Huzurabad. It is submitted that certain doctors were transferred on

37.O7.2024 during the General Trarsfers-2O24, for which, the petitioner approached the District Collector, Karimnagar, with the Note file on O1.O8.2O24 for making alternate arrangements to avoid dislocation of work. The 23 ,"'i District tlc,lle ctor, Karimnagar, instructed the per ir:ioner to wait for a le';r'days for pursuance and discussron fl'his fact was instant.[-, brought to the notice of the Comrrr.ssioner, TWP, H'/der,rl:ad, on 02.8.2024 and 03.8.2024 during the zoom meetir.Lll)

76. On publishing adverse news in the Nervsp;rper, the petitione r ragain approached the District rlollector, Karimna;3ar, aLnd the District Collector agair. r:epiied the same. The l\c,te file is still on the table of th< District Collector, I(eirimnagar. Not only this, but there is irlso one note file rel3arding the shifting of certain stalf nurses (TWP DIrl. Karimnagar) on a need basis to Area I{ospital Huzurabrrd, (lHC Choppadandi initially appror,.erl by the District ,lolle,ctor on 01.8.2024, was again calk:d. She struck of hrer r:ndorsement and instructed the petrtioner to stop the rmpl,trnentation, even though there are rrLore than 2OO staff n-lrrios working in GGH. Karimnagar As per the version cf tli: petitioner, AS per the instruc:iors of the Health Minister through Telephone to the Medical Officer, CHC Jammillrnta, the petitioner submitted one rrore Note hle to thr: Disr:rict Collector, Karimnagar, for allrr'-ting of l 24 One G5mecologist and Anaesthesia to work at CHC. Jammikunta, which is also pending with the District Collector, Karimnagar. In this regard, the petitioner had been constantly approaching the District Collector, Karimnagar. On O9.O8.2O24 a1so, the petitioner went to the District Collector's Office at noon, but Madam was not available, and again at 1.13 P.M. the CC to District Collector, Karimnagar, informed that Madam would look after the file.

17. The petitioner was continuously approaching the District Collector's Office for approval. Since there is no slackness or tailure in performing the petitioner's legitimate duties and responsibilities towards medical activities for the welfare of the public, AS such, he requested the Commissioner to drop the adverse action, if any, proposed against the petitioner and also asked to permit him to depute the Specialist Doctors, Nursing Staff and other supporting staff working in absorbed GGH, Karimnagar, to the Area Hospital Huzurabad, CHC Jammikunta, CHC Choppadandi for improvement of quality and timely treatment in the TWP Hospitals of the I a 25 District to '.he poor and needy patients and l:he said explanation \vas submitted on Og.Og.2O24 tc, the 2nd respondr:nt abng with enclosures and without cc,nsidering the samr:, in.tiated enquiry and the 2.d respo.edent issued show c.lrrse notice vide Rc.No.15/M 112024., dated 08.o8.20221

18. For the foregoing reasons, this C,tur: ir,; of the considered vir:rv that the petitioner has not cornm,Ltted any irregularitie)s in performing his duties and he lrrought every situarion in his District regarding the insuffi::iency of doctors, ntrslng staff and other supporting stalf to the higher offlciatr; He put his endless efforts to enligh:en the situation jn e.very Hospital in the District. It shcws, r.hat he is a duty bourLd man. As such, the writ pt:ti.tions are liable to bt: :[]orved.

19. Accold npJy, the writ petitions are alowed by r;etting aside the inrprrllned proceedings in Rc.No.23g,rM, 12O2O, dated 16.C I2Oi,,4 and consequential proceedings ltl:aring Rc.No.295.f /M ,/2022, dated 16.Ot.2O24 arrd Rc.No.15/\[i /t'024, dated 08.08.2024, issued bl. r_he 2.,a t I 26 petitioner respondent. Respondent No'2 is directed to continue the Superintendent, District Headquarters Medical Superintendent, District Hospital' There shall be no order as to costs' Hospital & a.S Karimnagar. Miscellaneouspetitions,ifany,pend'inginthisWrit Petition shall stand closed //TRUE COPY// SDA N. RAJAGOPAL EPUTY REGISTRAR SECTION OFFICER To 1 2 3 4 5

6. 7. PSK. The Secretary, Medical Health ald Family welfare.Dipt'' Telangana seiiretatiii, tivoerabad Govt. of Telang.ana, -5!09?2' i;;'dmi;.;i"*r, TelansanJ Viaya Vionqqt^ryishad' DME office complex' 2nd Floor, Sultan Bazar, Koti' Hyderaba9 -?999Y3' The District Collector' Karimnagar Ulsnct-5uouu1 ' o"'., i;; dd.'i"-ci?on senviies_ri Htg'h couriforthe State of relansana, at Hvderabad. [OUTI iii'i"bdt" sht H,t.i'.r.notrvn, sc FoR TWP [oPUC] Two CD CoPies nt' e.M. Pnino' A"dvocqtg loiucl - ., -Cc'tJ's . i I HIGH COURT DATED:1810ti12025 I CG TODAY I COMMON OFIDER WP.Nos.1620 ,AND 22113 ot 2024 o r1 () t a,' 1 l. I li i ?'325 z a :\ ALLOWING THE WRIT PETITIONS WITHOUT GOSTS \ T -j .1L IJ ) C )n