The High Court · 2025

Judgment

1. 2 State of I elanqana, reoresented . by Secretary to Government, Higher Educatron Department. Tdlangana Stat6 The,"Commissioner of Collegiate Education, Narnpally, Hyderabad, Telangana '""'"'"', ," ..,RESPONDENTS

Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to ca' for the records rerating to the impugned orders issued by the Respondent No.2 and issue an order or direction, more particularly one in the nature of Writ of ttrlandamus, by setting aside the impugned order of Respondent No 2 i e ' Rc No'ccE-SER3rcENt73r2021-GEN, dt 0410 5t2024 asbad, iregar and without any statutory provisron. against the ccA Rures and against the principres of naturar justice and to direct the Respondent no.2 to treat the period of suspension from 01/07 12021 to 27t11t2021 as oN DUT, with a, consequentiar beneftts, release the pending CAS benefits. Counsel for the petitioner: SRI GADDAM SETHU MADHAVA RAO Counsel for the Respondents: Gp FOR SERVICES - I The Court made the fottowing: ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO 1VRTT PETITTON No.233ao df 2024 ORDER: respond,ent No 2 This u,rit petition is filed seeking the folioq'ing relief: ". . ...The Wit Petition is fiIed questioning tle itrtptrynecl ord-ers issued' by respondent No'2 and issue an order or direction' tnore pafi'n arl y onc in the noture of Writ of Mandarnus by setting aside the impugned order i'e', Rc No'CCD SDR3/GLN/7s/2o2I-GEN, date'd o4 05 2024 as bad., [ttegcLl anrl tuithout anA statutory prottision dgoinst the CCA Rules and against the principles of natural justice and to direct respondent No.2 to treat tle peiod of suspension from 01 .07 2O2 7 to 27 1 1 '202 1 as on rlutg with atl consequential beneJits' relea-se the pentling CAS benefits and to pass such otht?.r orders.. -" Hearcl Sri G. Sethu Madhava Rao' learneci counsel 2 appearing for the Petittoner and learned Government Pleader for Services-I, appearing for the respondents' I 2 a-\

3. Learned counsel for the petitioner submits that while the' petrtroner was working as an Assistant professor of Commerce in Government degree College, Godavarikhani, he was suspended from service first arrd later was awa_rded a major punishment ol 'stoppage o[ one increment with cumulative effect' uide proceedings of the 2"d respondent dated 28.01.2022. Aggrieved by the same, the petitioner filed an appeal on 07 .O2.2O22 before the l$ respondent, respondent uide Govt.Memo No.25BlCtr/Al / 2022, Higher Bducarion (CE) Department, dated26.O9.2022, allowed the said appeal by modilying the punishment to that of "warning to be careful in future,. 4 . Learned counsel for the petitioner further submits that respondent N0.1 had issued another order in Govt Memo.No.2SB lCtr l Al 12022, Higher Education (CE) Department, dated 14. 12.2022 reversing the earlier order, dated 26.09.2022 arr1 the same was challenged by the petitioner by filing a W.P.I.{o.3852 of 2O23 and this Court, t' J vide order, dated 13'12'2023 set aside the order of the respondent No. 1 , dated 14 '12 '2022 ' 5- Learned counsel for the petitioner further submits that petitioner made representations on 04'O 1 '2024 and 16.O1.2024 respectively to the 1't respohdent requesting to revcrse all the, action taken against him in view of the order passed b1' this Court in W'P'No'3852 of 2023' l,earned counsel lor the petitioner furthcr submits 6. that thc 2n'1 respondent in his proceedings' dated 07 .03.2024 rnodified the earlier punishmenl to that ol "$,arning to be more careful in future" I-earnecl counsel for the petitioner further submits 7. thzLt the petitioner made an application' datecl O8 03 2024 secking regularization of the period of suspension as on duty ar-rd payment of difference ol pay and aliowances' Hou,ever, the 2'd respondent uide impugned proceedings' dated 04.05.2024 tejected the sarne' Aggrieved by the same, the pet.itioner filed the present Writ Petition' 4 B. karned counsel for the petitioner submits that the authorities imposed punishment only karning,, but, the authorities without considering the same had re3ected his case treating the suspension period as ..Non_duty,,. I :'

9. Learned counsel for respondents submits that earlier, the authorities imposed punishment of .stoppage alnual increment with cumulative effect, and on appeal being filed by the petitioner the same was modified to karning to be more careful in future,_ of one 10 A perusal of the material on record would show that initialiy the petitioner was imposed punishment of 'stoppage of one aanual increment with cumulative effect ald aggrieved by the same, aPPeal. After hearing the appeal, punishment was modified as karned to be more careful in future 1n performing official duties,, but, without considering the modified order, respondent authorities passed the tmpugned order, dated O4.O5.2O24. Once the appellate the petitioner preferred i I ,t ) authorities modified the punishment, the authorities should have considered the case of thc petitioner' Without doing so, the authorities issued above impugned order' In rrierl' of the above submissions made by the 1 I . learned cout-tsel for Lhe respective parties' the earlicr punishment rva-s modified to that of "warning" to the petitioncr, thc respondent authorities are directed to re consicler case of the petitioner with regard to the impugned orclcr, <lated 04 05 '2024 and pass appropriate orders in accordance with law within a period of sk (6) weeks from the date of receipt of a copv of this order'

1.2 . With Lhe above direction, this Writ Petition is disposecl ol. Th,:re shall tre uo ordcr as to costs Pencling uiscellaneous petitions, if an1', shall stand closed. SD/.U. SUDHA ASSISTANT REGISTRAR //TRUE COPYi/ sEcrmF FICER To

1. The Secretary to Government' Higher Telangana Telangana State'

2. The Commissioner of Collegiate Education' Education DePartment, State of NampallY, HYderabad, Telangana State One CC to SRI GADDANI SETHU IvIADHAVA RAO' Advocate IOPUCI Two CCs to GP for Services-l' High Court for the State of Telangana at 3 4 Hyderabad. [OU.1-]

5. Two CD CoPies \ g * Ek i I t t I I HIGH COURT DATED:0810712025 ..a' ' 6- :i f41 A. ii; ',3 22 il, \1,'\,- AIJEM .,/ ORDER WP.No.23380 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS &l s4{