IMPORTANT POINT
The court ruled that failure to follow prescribed disciplinary procedures invalidates termination, emphasizing the necessity of fair process in disciplinary actions.

ORDER :

Since the issue involved and the parties are one and the same, these Writ Petitions are being disposed of by this common order. Writ Petition No.22977 of 2009

2. This Writ Petition is filed under Article 226 of the Constitution of India, seeking Writ of Mandamus for the following relief:

…declaring the action of the respondent No.1 in issuing the proceedings vide Memo No.SE/O/KDP/Adm/PO/C2/F.Enq/D.No.204/2009, dt.22.10.2009 and subsequent termination proceedings issued by the respondent No.3 vide Memo No.DEE/O/RJP/Jao/Adm/S2/D.No.3414/2009, dated 26.10.2009 as illegal, arbitrary, unjust, unreasonable, perverse and unfair labour practice besides violative of Articles 14 and 16 of the Constitution of India and consequently direct the 1st respondent to continue the petitioner in employment on par with his colleagues and pass such other order or orders as this Hon’ble Court may deem fit and proper under the circumstances of this case and to meet the ends of the justice.

3. The brief facts of the case are as follows:

a. The petitioner was initially appointed on 03.04.2007 as Contract Junior Lineman. The respondent No.1 by proceedings dated 28.01.2009 appointed the respondent No.3 as an Enquriy Officer to enquire into the allegations of manipulation of PR.No.041506 dated 24.01.2008 for Rs.1850/- against the Petitioner.

b. The respondent No.3 framed charges vide Annexure-I dated 31.01.2009. The petitioner participated in the enquiry and denied the charges framed against him. Sri T.Narasimhulu, who is the crucial witness to the case deposed that he has given Rs.850/- to Petitioner and he gave receipt to him for Rs.850/-, but he never gave Rs.1850/- to the petitioner. The respondent No.3 after conducting enquiry submitted his report dated 31.3.2009 holding that the charge is proved.

c. The respondent No.2 vide memo dated 06.06.2009 issued a show cause notice to the petitioner, before awarding the punishment and the Petitioner has submitted his explanation on 14.07.2009 requesting to drop the proposed punishment. Basing on the concurrence Committee’s opinion dated 16.10.2009 the respondent No.1 by Memo dated 22.10.2009 requested the respondent No.2 to pass orders terminating the petitioner from service. Questioning the same, the present writ petition is filed.

Writ Petition No.13795 of 2018

4. This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India, seeking Writ of Mandamus for the following relief:

“i) declaring the action of the respondents 1 to 3 in not regularizing petitioner?s services, not commencing and declaring his probation, not paying him regular time scale, not showing him in seniority list as per merit, not giving him promotion/s on par with his immediate junior upon his reinstatement into service in pursuance of the unqualified interim suspension order dt.19.11.2009 granted in WPMP No.32059 of 2009 in WP No.22977 of 2009; and also

ii) the action of the 2nd respondent in directing the 3rd respondent to pay minimum scale attached to the post of Junior Linemen (JLM) to the petitioner vide Memo No.CGM/HRD/JS/DGM-DC/PO (DC)/F.285-KDP-O&M/D.No. 1034/2014, dt.10.09.2014 instead of directing to pay regular time scale attached to the post on par with similarly situated persons; and also

iii) the action of the 3rd respondent in not initiating any steps in furtherance of the letter dt.29.12.2016 of the 4th respondent for regularizing his services and also for granting all incidental and consequential benefits including seniority, promotion and monitory benefits attached to the post on par with immediate junior as illegal, arbitrary, discriminative, opposed to “doctrine of legitimate expectation? besides violative of Arts.14 & 16 of the Constitution of India; and

iv) consequently, direct the respondents 1 to 3 to regularize the service of the petitioner and also for declaration of probation, pay regular time scale, show in seniority list at appropriate place as per merit in selection process and promo