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2023 Supreme(Telangana) 665

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J.Sreenivas Rao, J.
Shaik Ubaidullah - Appellant
Versus
Regiional Joint Director - Respondent
Writ Petition (TR) No. 1083 of 2017
Decided On : 10-08-2023

Advocates appeared:
Akkam Eshwar, Advocate

IMPORTANT POINT
The central legal point established in the judgment is the requirement of conducting a regular enquiry and following the principles of natural justice before imposing major punishment in service matters.

Headnote:

Natural Justice - Service Matter - Fundamental Rule 18-A - Article 14, 16, 21 of the Constitution of India - A.P.C.C.A. Rules - Article 311 of Constitution of India - [ABSENCE FROM DUTY] - [Service Matter] - [Fundamental Rule 18-A, Article 14, 16, 21, A.P.C.C.A. Rules, Article 311] - The court discussed the violation of principles of natural justice and the constitutional provisions, emphasizing the need for a fair disciplinary process and the requirement of conducting a regular enquiry before imposing major punishment. The court highlighted the importance of providing an opportunity to the employee to defend against the allegations and the necessity of following the principles of natural justice in imposing penalties.

Fact of the Case:

The petitioner, a government servant, was dismissed from service due to unauthorized absence for less than five years without the initiation of any disciplinary proceedings or conducting a regular enquiry.

Finding of the Court:

The court found that the dismissal of the petitioner from service without conducting a regular enquiry and without following the principles of natural justice was in clear violation of the constitutional provisions and the Fundamental Rule 18-A.

Issues: Violation of principles of natural justice, constitutional provisions, and Fundamental Rule 18-A in the dismissal of the petitioner from service.

Ratio Decidendi: The court emphasized the necessity of conducting a regular enquiry and providing an opportunity to the employee to defend against the allegations before imposing major punishment. The court also highlighted the importance of following the principles of natural justice and providing valid reasons for administrative actions.

Final Decision: The impugned order dismissing the petitioner from service was set aside, granting the respondents the liberty to take appropriate steps in accordance with law, if so advised.

JUDGMENT

J.SREENIVAS RAO,J. - This writ petition (TR) is filed seeking the following relief:

"to grant appropriate relief declaring the Proceedings No.3709/C1/2003, dt.21/9/2012 issued by the 1st respondent as arbitrary, illegal, unconstitutional apart from violating the principles of natural justice and also violating Article 14, 16 and 21 of the Constitution of India and ultra vires to Rule 20 of A.P.C.C.A. Rules, as well as Article 311 of Constitution of India and issue consequential directions directing the respondents to forthwith reinstate the applicant into service with all consequential benefits including arrears of salary and pass such other order or orders..."

2. Heard Sri Akkam Eshwar, learned counsel for the petitioner and learned Government Pleader for Services-III, appearing for respondents.

3. Learned counsel for the petitioner submits that the petitioner was appointed as attender on 1/6/1990. Later, he was promoted as Record Assistant, in the year 2001. On 13/12/2003, respondent No.4 placed the petitioner under suspension, on the ground that he involved in a criminal case vide C.C.No.675 of 2005. Thereafter, the petitioner filed criminal appeal No.92 of 2008 before the Family Court-cum-Additional Sessions Judge, Khammam and the said appeal was allowed on 15/5/2009 and the petitioner was acquitted. Later, the petitioner was reinstated into services through proceedings vide Memo No.3709/c1/2003, dtd. 29/9/2009 and the petitioner submitted representation on 6/11/2009, requesting the respondent authorities to release his salary after deducting the subsistence allowance by treating the suspension period as on duty. The respondent authorities without considering the said representation, rejected the claim of the petitioner through proceedings dtd. 18/5/2010. Questioning the said order, the petitioner filed O.A.No.3530 of 2010 before the A.P.A.T. and the same was allowed by setting aside Memo No.600/A/2002, dtd. 18/5/2010 directing the respondents therein to treat the period spent on suspension from 13/12/2003 to 12/10/2009 as on duty.

4. Learned counsel for the petitioner further submits that during the period from 2/6/2010 to 8/11/2010, due to his ill health, he could not attend the duties and informed the same to the 4th respondent by duly furnishing the Xerox copy of ENT doctor prescription. Further, the 4th respondent by proceedings dtd. 27/10/2010 had instructed the petitioner to furnish the same with prescribed leave application along with Doctor certificate. When the petitioner reported duty on 9/11/2010 before the 4th respondent by producing the medical certificates, the 4th respondent not allowed the petitioner to join duty and he directed the petitioner to obtain permission from the 1st respondent for joining duty by proceedings dtd. 18/11/2010. On 29/11/2010, the petitioner submitted a representation to the 1st respondent, requesting him to join duty. Thereafter the District Co-ordinator of Hospital Services and Chairman District Medical Board, Khammam had directed the petitioner to appear before the Medical Board dtd. 27/1/2011 for medical examination. The Medical Board after conducting examination, issued report on 13/4/2011 stating that the leave applied by the petitioner from 2/6/2010 to 8/11/2010 is genuine. In spite of producing the said Medical Board report, the respondents not allowed the petitioner to join duty. At that stage, the petitioner approached the A.P.A.T. by filing another O.A.No.3962 of 2011 and wherein the A.P.A.T. granted interim order directing the respondent authorities therein to sanction medical leave to the petitioner from 2/6/2010 to 8/11/2010.

5. He further submits that the petitioner has fallen ill from 20/10/2011 and he further submitted that he made a representation to the 4th respondent to permit him to take treatment at Hyderabad. Once again he submitted a representation on 29/11/2011 informing about the ill health; after recovery from ill-health the petitioner approached th

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