V.Rajeshwara. Prased v. The State of Telangana

Heard Sri M. Ramgopal Rao, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services-Il appearing on behalf of the resPondents. 2 The oetitioner aooroached the Court seekino amended Draver as under: "...to issue writ order or direction more particularly one the nature of writ of mandamus declaring the action of the respondent No.2 in imposing the punishment with a stoppage of (02) annual grade future increments without cumulative effect by the respondent No.4 vide Proc No' AllHR2S/2020, dated L0.L2.202t without jurisdiction and contrary to the provisions of TS CS (CCA) Rules and also violation principles of natural justice consequently to set aside the same direct the respondents to pay all the benefits accrued to the petitioners and to pass..""

3. The case of the oetitioner in brief as oer the e r the oetitioner in suooort of the oresent Writ Petition is as under:- The petitioner was appointed as Assistant Executive Engineer on 16.09.1994 and promoted to the post of Deputy 2 SN, J Executive Engineer on 29.06.2O20. Thereafter , the petitioner was placed as Assistant project Director under the 2nd respondent jurisdiction on deputation basis for a period of one ybar from the date of joining i.e., L0.O7.2O20, later the said post was re-designated as Addl. DRDO, Nirmal. It is the further case of the petitioner that the petitioner attended the review meeting on L3.07.2021 conducted by the 4th respondent and subsequenfly 4th respondent issued proceedings vide no. DRDA/ALIZO2O/2O2L dated 13.08.2021 suspending the petitioner on the ground of displeasure over the performance. The specific case of the petitioner is that the deputation period of the petitioner expired on L0.07.2021 and the same was not renewed by the 3.d respondent, hence the disciplinary authority for initiating the action against the petitioner is 3.d respondent but not the 2nd and 4th respondent. On earlier occasion the petitioner approached this court through the w.p.No.25449 of 2021, however during the pendency of the said writ petition the 4th respondent issued the impugned order dated L0.L2.2021 imposing punishment of stoppage of two annuar grade future increments without the cumulative effect. Aggrieved by the same the petitioner preferred the present writ petition. i , /. 3 SN, J 4 A PERU EDTHE RECORD. The imouoned order oroceedinos No'A1/HR-25/2O20' 2 s oetationer is extracted hereunder:- Through the reference, 1't cited, Sri V' Rajeshwara Prasad, by. Ee, PRED/ Add DRDO, DRDA Nirmal was placed und'er suspension due to grass negligence of duties and failure to monitor the MGNREGS programme in the District. 2) Through the reference 2 cited, Sri V' Rajeshwara FiutuO, o-y. fe, PRED, Add DRDO. DRDA Nirmal attended L"io."'the enquiry officer the than DRDO (FAC), DRDA Nirmal and the enquiry officer has conducted an enquiry f"r"i"a against V. Rajeihwara Prasad, Dy' EE, PRED/ Addl' onoO. o-RDR ltirmal and submitted the enquiry report to the District administration. 3)After careful examination.of the Plse.with duq adminisJratign is decided IffiiiGIE the indavidual into duties urh-ile imoosin! stoooaoe of. (02r annual GEIEJuture ancrements wathout cumulative effect' 4) On reinstating the services of Sri V' Rajeshwara Prasad' Di EE, PRED is hereby repatr'rated to his parent o6partment i.e., the Engineer -In- Chief, Panchayath Raj Engineering Department, Telangana, Hyderabad' 5) Therefore, Sri V.Rajeshwara Prasad, Dy'EE, PRED is Oirectea to report before the Engineer -In- Chief, Panchayath Raj Engineering Department, Telangana Hyderabad for further Posting' 06) The Engineer -In- Chief. Panchayath Raj Engineering Oe'partment] Telangana, Hyderabad is requested to admit the individual and inform the date of joining for this office' q ( 4 \ \ SN, J B s s T e n to No.D RD AIAtt2o2ot2o2 L d 4th D s o3.O8.2o2 ts uedbvt e e tn Dond e to the under:- taonerisextr Through the reference 1 cited, the District Collector, N.irmal has conducted a.review ,"uting Ot, i.l.ol.ZOZI on att the MGNREGS activities. ir," IZoi.' 6i.oo, DRDA, Nirmal, Sri V. Raieshwara prasad, aJJr. oioO, onoe IjlT_1 / Dy.EE (pri) has.faired 6fu;;;; tie rqcruneGs programme especiallv h-e is unable to Lrpiui" uOout Drying platforms and other components. - this regard, the. District Collector, Nirmal has expressed his more displeasure ouui tn"-plrrormance of Sri V. Rajeshwara prasad, eooi.-baocj, ffi;o Nirmat / Dy.EE (PR) and also. expressed that if his services continue, the image of the. Distriit *iff'Ou badly spoiled more over the programme also badly h";;;; In view of the abov_e and as per the reference 2nd -onoe rvi.rut -rno-u'. 'suspension cited, Sri V. Rajeshwara prasad, naif . onoo, I Dy..lE (pR) is hereby bru."J immediately until furthers orders. e T e h u e d P ceedi qs No.41 IH n r i Through the reference .3.d cited, the undersigned has been appointed as Enquirins offi.".- i; ;;q;;" into the allegation teveted rgainsi s.i.v-.n#.'n,i]ru prasad, Dy.Executive Enoineer -(pRED) 7'il;l.tlJ"6, t.orl oto DRDA Nirmal (N6w under Suspension) and to submit the r' I I 5 SN, J detailed report within (3) days to the District Collector, Nirmat for taking further course of action in the matter. Therefore, it is decided to conduct an inquiry by the undersigned into the allegation leveled against the said delinquent on 21-OB-2021 at 10:30 AM at the office of the DRDA, Nirmal of Nirmal District. Hence, the said delinquent officer is hereby directed to attend the said enquiry on the said date, time and venue with relevant information without fail D. The exolanation, clatecl 21.O8.2O21 submitted by the oetitioner to the Inouirv Officer and District Rural Development Officer, District Rural Development Aoencv' Nirmal, in response to the show-cause notice, dated 19.O8.2O21 issuecl bv the the Inquiry Officer and District Rural Develooment Officer, District Rural Development Aoency, Nirmal to the oetitioner is extracted hereuncler:- I humbly submit that, during the EGS review meeting held on L3-07-202L. Respected Dist. Collector opinedlnat 330 platforms were submitted for deletion. But few MPDOs submitted that 542 numbers were submitted for deletion. Then, Respected Dist Collector instructed me to bring copy of letter submitted to higher authorities for deletion of platforms pertaining formers who were not interested to execute drying platforms. Then, I brought approved copy of note pertaining to the letter No: A4/L6O/EGS/2O|7, dated: 27-04-2021, and submitted to Respected Dist. collector, in which number of di-ying platforms proposed for deletion was mentioned as 542 Respected Dist. Collector Sir asked me 'are yours ears audible', with doubt that I have furnished latest deletion list. I orally submitted that that is the list submitted by us ,, .i :i,l !l ,l 6 SN, J to higher authorities. .B.ut Respected Dist. coilector might have fert that I.1T misreading'and rurnisning'iitest retter, and instructed DRDO sir to suirender me. I am h-umbly submitting copies of Lr. No: A4/L60/EG5/2077, dated : 27-oa-202i. - rn"n the which number of drying pratforms was mentioned as 542. Later the same 5a2 numbers of drying pratrormi were proposed for deretion and submittea io tne respected commissioner PR&RD Ov ttrllglqggteo higher authorities through retter No: A4l1ll/Ecs/2ott, datet : 26_0s_20il. i u, herewith submitting copies of above said two letters Further, I submit that I have submitted a requisition to the respected DRDo sir that "I am suffering with severe back pain, Doctor advised me to avoid journeys and to take rest for one month". I encroseo medicir certirLaie in wnich it s advised to avair rest for one mo.nth. I requ"iLo Respected DRDO.sir. for permission to avair teave f;;;;; month. But respected DRDO sir oraily refused. erior"-severe back pain, it was not possibre to attained to outy titt 03_06_ 202L. r request or favo* oiiinJ,, #*r", ffie, and pfu3:" kindry treat the period rro, zz'-otio21 ro 03_08_ 2027 as leave on medical grounds. Further, I submit that I harle_ received ..proceedings A4/L60/EGs/20r7, dated :zr.oq.zozt issue by Respected Dist. corector" pertaining to my suspension dated 03_08_ 2021' I fert very sad, s6rrowfur and ashamed about the suspension. Tiil now I am worrying a rot about it and feeling nervous and mentar tension. iirt no* tl, worrying a lot about it and not abre to steep at nights, due to which my back pain increased more and more JnJiurring severe trouble to me I humbry request for favour of kindry pardoning me for the mistakes done by me, and please kindly reinstate me into the service on humanitarian'grounds. / { I l 1 7 SN, J 5 la2 rnar{ arttrrtcal aaraia r.anrrrtrt hahrlf af *ha oetitioner mainlv puts-forth the followinq submassions:- a) In pursuance to the orders of suspension vide proceedings No,DRDA/All2O2Ol2021, dated O3.O8.2O21 issued by the 4th respondent to the petataoner and show- cause notice vide Proceedings No.A1IHR-2512O2O, dated 19.08.2021 issued by the office of the District Rural Development Officer, DRDA, Nirmal District informing the petitioner that the Dastrict Rural Development Officer (FAC), Nirma! District had been appointed as Enquiry Officer to conduct an inquary by the undersigned into the allegation leveled agaanst the petataoner and to submit a detailed report within three (O3) days to the District Collector, Nirmal District for taking further course of action in the matter. b) The said letter, dated 19.08.2021 directed the petitioner to attend the said enquiry on 21.O8.2021 at 1O:3O AM at the office of the DRDA, Nirma! of Nirmal District. I I 8 \'---1 \, - SN, J c) ft had been decided unilateratty to conduct an enquiry into the afiegations teveted against the petitioner, but however the mandatory procedure prescribed under TS CS(CCA) Rules, for conduct of Enquiry had not been followed an the present case. d) fn pursuance to the suspension order, dated 03.08.2O21 issued to the petitioner, the petitioner submifted a detaired exptanation, dated 2t.og.202tto the fnquiry Officer and District Rural Development Officer, District Rural Development Agency, Nirmal. e) Without any artictes of charge being framed against the petitioner, without issuing the copy of articles of charge to the petitioner, without following the due procedure as mandated under the TS CS (CCA) Rules, the impugned order, dated 10.12.2O21 had been passed by the 4th respondent reinstating the petitioner into services while imposing the punishment with a stoppage of two Annual Grade future increments without cumulative effect. 9 SN, J f) The procedure mandated under the rules for conduct of enquiry had not been followed, nor the petitioner had been provided the reasonable opportunity to put-forth the petationer's case for defense, nor the petitioner's explanation, dated 21.O8.2O2L furnished in response to the order of suspension , dated O3.O8.2O21 had been considered as on date, but however, the punishment had been imposed vide proceedings, dated LO.1"2.2O21 by the 4th respondent. g) The same is in violation of the principles of naturat justice, hence, the petitioner is entitled for the relief as prayed for by the petitioner in the present writ petition. Based on e aforesaid submissions. the learned counsel appearino on behalf of the petitaoner contends that petitioner is entitled for the relaef as praved for bv the oetitioner in the oresent writ oetition.

6. Learned Assistant Government Pleader for Services- fI appearing on behalf of the respondents, on the other hand contends that the order impugned, dated 1O.12.2O21 \3 \ SN, J l0 issued by the 2nd respondent is justifaed in accordance to law and hence, present writ petition needs to be dismissed.

7. A bare perusal of the impugned proceedings, dated lo.l2.2ozr issued by the respondent No.4 indicates that the petitioner attended before the fnquiry Officer as directed vide notice, dated 19.Og.2O21 issued to the petitioner by the rnquiry officer i.e., Dastrict Rurar Development Officer(FAC), Nirmal District, and para No.3 of the said impugned proceedings, dated ro.L2.202. indicates that the petitioner had been reinstated into services while imposing the punishment with a stoppage of two Annual Grade future increments wathout cumulative effect and the explanation furnished by the petitioner in response to the show-cause notice, dated O3.O8.2O21 issued to the petitioner, however had not been considered as on date, since there is no reference of any explanation, dated 2,,.Oa.2OZl- furnished by the petitioner nor any discussion in the impugned order pertaining to the same. This court opines that the order impugned admittedly as borne on record is bereft of t> ^/ I 11 SN, J reasons and unilaterally a conclusion had been arrived at imposing the punishment of stoppage of two Annual Grade future increments without cumulative effect without conducting any enquiry as mandated under the rules.

8. This Court on oerusal of record opines that articles of charoe had not been issued to the petitioner and show- cause notice vide oroceedinos, dated 19.08.2O24. had been issued to complete the enouirv and submit a detailed report within three davs to the District Rural Develooment Officer, DRDA, Nirmal District for takino further course of action in the matter against the oetitioner, which is a clear indication that the orocedure mandated under the rules for conduct of enouirv, admittedly had not been followed in the oresent case. 9 Takino in consideration:- a) The aforesaid facts and circumstances of the case. b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned I : i l2 ..i \l \ SN, J Assistant Government pleader for Services_Il appearing on behalf of the respondents. c) The contents of the suspension order vide proceedings No.DRDA,/Att2O2O/2OZt, dated O3.Og.2021 issued by the 4th respondent to the petitioner (referred to and extracted above) d) The contents of the show_cause notice vide proceedings No.ArlHR-2s/ 2o2o, dated r9.o8.2o21 issued by the office of the District Rurat Development Officer, DRDA, Nirmal District to the petitioner (referred to and extracted above) e) T e n 2 loner to th fnquirvOffi ra nd Dis ict Rural r h I t I 1 D n n I n v Aoencv, Nirmal to the oetitioner (referrecl to and extracted above) t3 SN, J f) The contents of the impugned order vide proceedings No.AllHR-2Sl2O2O, dated 10.12'2O21 issued by the 4th respondent to the petationer herein(referred to and eitracted above) being bereft of reasons and imposing the punishment with a stoPpage of two Annual Grade future increments wathout cumulative effect, upon the petitioner unitaterally, which is in a clear violation of procedure of the conduct of enquiry as per TS CS (CCA) Rules. I I The Writ P ition i all dasDraved fo the o der n r I u m n re No.4 vide P

10. 2.2(J2 TS TS s (cc set-aside b No. 1/HR- sl20 o.d ted the orovision of ino contrarv ) Rules and in violation of orinciole of natu ral r w f n n !eq I entitlement oeriod of th e (3) eeks f m l4 SN, J Misce'aneous petitions, af dfly, pending in this writ Petition' shall stand closed' sD/-A. sRtNrvASA REDD' ISTANT REGISTRAR To, //TRUE COPYII SECTION OFFICER State, Hyderabad. '

1. The Princioar Secretary, panch ayat rajdepartment se,6retariat, Terangana 2- The commissioner, panchayat raj.ald rurar deveropment department, 3' DWCRA Buitding Lower tan'k bun'd, itd;;b;;:"'"t n-chief, Panchay at rai department State of relangana, : I?:"T:8:Ter-i

4. The District coilector, Dps MGNREGS, Nirmar District. 5. One CC to SRt M.RAMGOPAL RAO, Advocate. tOpUCl 6' to GP FoR SERVICES ll, Hish Court for the State of relansana. I&?r?"t 7. Two CD Copies. BSK BS , I I "/ HIGH COURT DATED:1811112025 CC TODAY 'r Llc q o() 1t * ORDER WP.No.37776 of 2022 ALLOWING THE WRIT PETITION WITHOUT COSTS li." i. T C '-.',- :