WHEN A NOTICE IS ISSUED WITH PRE-MEDITATION, A WRIT PETITION WOULD BE MAINTAINABLE.: TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 25.04.2023 stating that when a notice is issued with pre-meditation, a writ petition would be maintainable. It was stated in the case of Chandra Sekhar Reddy v. The State of Telangana (W.P. No. 13401 of 2020 ) which was passed by the single judge bench comprising of HONOURABLE JUSTICE SUREPALLI NANDA
FACTS OF THE CASE:
The petitioner was initially appointed as Typist in the BC Welfare Department and subsequently promoted as Senior Assistant during the year 1986 and further promoted as Superintendent in the year 2005. Later the petitioner services were transferred to respondent organization. The petitioner retired on 31.03.2014 on attaining the age of superannuation. b) While the petitioner was working in the office of Deputy Director (SW) Nalgonda District, he was placed under suspension vide proceedings dated 18.04.2012 by the 2nd respondent. Subsequently, departmental proceedings were WP_13401_2020 5 initiated vide proceedings dated 29.10.2012. The petitioner submitted explanations on 21.01.2013 and 23.06.2016 denying the alleged charges and ultimately requested to drop further action. c) The 1st respondent issued orders vide G.O.Rt.No.212, dated 31.03.2016 for inaction of common departmental proceedings against nine individuals. As per G.O.Rt.No.213, dated 13.04.2016 one Smt Uma Devi, Joint Director was appointed to conduct regular enquiry and one Sri P.Rajasekhar was appointed as presenting officer. The enquiry officer submitted report vide letter dated 03.12.2016. The 2nd respondent requested the Government to issue necessary orders against the individuals. d) The Government vide memo dated 12.12.2018 enclosing report of the enquiry officer issued show cause notice to the petitioner proposing to impose penalty of 5% cut in pension for a period of three years and called for explanation. As such the petitioner submitted explanation on 20.12.2018 requesting to reconsider the issue and drop proceedings. Without considering the said request, final order dated 17.04.2019 had been issued
JUDGEMENT OF THE CASE
The writ petition is allowed, setting aside the impugned order Schedule Caste Development (Vig.) Department dated 25.06.2020 and also the consequential Memo. The respondents are further directed to release all the retiral benefits due to the petitioner at the rate of 24% per annum from the date of imposing the punishment dated 17.04.2019 till actual payment is made, within a period of three weeks from the date of receipt of a copy of the order. However, there shall be no order as to costs.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.