IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. SHRAVAN KUMAR, J.
Meravath Ravi Kumar – Appellant
Versus
The District Rural Development Officer, District Rural Development Agency, Nalgonda District and others – Respondents
Writ Petition No.25421 of 2021
Decided on : 20-04-2023
Constitution of India, 1950 – Article 14, 16, 21 – Society for Rural Development Services Disciplinary Rules, 2012 – Society for Rural Development Services – Criminal case – Arbitrary, illegal, discriminatory, mala fide, and is an unconstitutional violating – Held, Hon’ble Supreme Court had categorically held that if there is an admission of misconduct, there is no need for holding an enquiry or for giving an opportunity to employee to be heard or show cause – Holding an employee guilty of misconduct on admission, without enquiry or opportunity to show cause, does not violate principles of natural justice – Court do not find any merit in this writ petition to interfere with impugned proceedings passed by respondents No.1 and 3 respectively – Writ petition dismissed.
ORDER :
The present writ petition is filed to impugn the proceedings dated 27.05.2020 issued by the 1st respondent wherein the 1st respondent had permanently terminated contract agreement with the petitioner and disqualified the petitioner for further employment under the 3rd respondent society as well as consequential order issued by the 3rd respondent by proceedings dated 19.08.2021 dismissing the appeal filed by the petitioner is being arbitrary, illegal, discriminatory, mala fide, and is an unconstitutional violating Article 14, 16 and 21 of the Constitution of India apart from violating principles of natural justice as well as contrary to the rules issued by the 3rd respondent society i.e. Society for Rural Development Services Disciplinary Rules, 2012.
2. The petitioner submits that he possessed Bachelor of Technology in Agriculture qualification from Acharya N.G. Ranga University, Rajendra Nagar Hyderabad in the year 2009 and he was appointed as a Project Officer on contract basis under the jurisdiction of the 1st respondent vide proceedings dated 09.08.2011 issued by the 4th respondent, Chief Executive Officer, Society for Rural Development Services, in pursuance of the selection made by the selection committee constituted by the 4th respondent after issuing notification for the said post. The petitioner submits that he was selected and appointed as Project Officer on contract basis by the 4th respondent and posted as Project Officer under the jurisdiction of the 1st respondent in August 2011 and submits that his appointing authority is the 4th respondent. He would further submit that while he was working as Project Officer PMKSY (IWMP Scheme), Water Development Centre, Nalgonda, the 1st respondent vide proceedings dated 19.03.2020 terminated the contract service as Project Officer and framed the charges against him with a direction to submit the explanation to show cause notice on the ground that certain adverse news were published in the Andhra Jyothi daily news paper dated 10.11.2019 under heading “DWAMAYA JALAM” regarding diversion of PMKSY funds to the account of private person and also based on allegations in a representation made by the State President of RTI Act who leveled allegations against the petitioner that he misappropriated the funds of PMKSY (IWMP Scheme), Watershed Development Centre Nalgonda. It is further submitted that prior to the issuing of the aforesaid proceedings dated 19.03.2020, the District Collector and Chairman DRDA Nalgonda i.e. respondent No.2 vide proceedings dated 04.12.2019 appointed one Smt. Sangeeta Lakshmi, District Horticulture and Sericulture Officer, Nalgonda as Enquiry Officer to conduct an enquiry with regard to the allegations published in the Andhra Jyothi newspaper dated 10.11.2019.
3. It is submitted that the said enquiry officer conducted the enquiry and submitted the report vide letter dated 15.02.2020 addressed to the 2nd respondent, wherein the enquiry officer recommended to initiate appropriate action by the DRDA/District Administration against the petitioner for due negligence resulting diversion of Watershed Development funds (WDF) i.e. an amount of rupees 10.72 lakhs into the S.B. account No.30075552021 of an unauthorised person existing in SBI Sagar Road branch, Miryalaguda instead to respective WDF authorized accounts, i.e. Andhra Pradesh Grammena Vikasa Bank.
4. It is submitted that the report submitted by the enquiry officer clearly discloses that the petitioner neglected his duties and because of such negligence only misappropriation took place, but the fact remains that there is no finding after conducting enquiry that the petitioner had misappropriated the said amount or the petitioner was remotely connected with regard to such misappropriation of funds, but unfortunately, illogically, the authorities have not taken any appropriate steps to find out the concerned person working in the office who had directly misappropriated the funds and subsequently how that a
Himachal Pradesh Road Transport Corporation and another Vs. Hukam Chand
The termination of services should be made by the appointing authority, and proper opportunity of hearing must be provided before making a decision with serious implications.
Disciplinary actions must comply with due process and natural justice, requiring a proper inquiry and reasoned orders for termination.
The appointment being void ab initio precludes the petitioner from claiming reinstatement and other benefits.
A delinquent employee is entitled to be represented by a legal practitioner in a domestic enquiry, especially when the employer is represented by legally trained persons.
Disciplinary proceedings are vitiated when authorities fail to comply with mandatory procedural rules, including the supply of enquiry reports to the delinquent officer. Reliance on findings from inq....
The court upheld the termination of the appellant's contract for negligence in misappropriating funds, affirming that proper procedures were followed and the appellant's admission of misconduct negat....
Disciplinary proceedings vitiate if an inquiry is conducted without serving proper notice to the delinquent, denying the right to cross-examine witnesses and failing to furnish a copy of the inquiry ....
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