Disciplinary penalties under civil service rules must adhere to procedural standards and be proportionate to the admitted charges.

ORDER :

NAMAVARAPU RAJESHWAR RAO, J.

This writ petition is filed seeking the following relief :-

“ ….. to issue a Writ or order or direction more particularly one in the nature of Writ of Certiorari call for the records and set aside the impugned order passed by the 4th respondent vide Proceedings No.S/195/2021, dated 19.02.2024 declaring the same as illegal, arbitrary and in violation of principals of natural justice and also Rule 22 of Telangana Civil Services (Classification, Control and Appeal) Rules, 1991, T.S.C.S.(CC&A) and consequently direct the respondents to consider petitioner’s name for the future promotions pending disposal of the above writ petition …….”.

2. Heard Sri P.V.Ramana, learned counsel representing Sri S.Sridhar, learned counsel appearing for the petitioner and the learned Government Pleader for Services-I appearing for the respondents.

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

The petitioner was appointed as Senior Assistant in the office of the Assistant Registrar of Chits, Adilabad, and thereafter he was made Incharge Sub- Registrar at the Sub-Registrar Office, Mancherial. During the course of his duty, he has registered numerous documents in accordance with the provisions of the REGISTRATION ACT , 1908. While so, on the allegation that he has committed irregularities while performing duties before the Chief Vigilance Officer-cum-Joint Secretary to the Government, the said Chief Vigilance Officer has forwarded the said complaint vide letter dated 28.04.2021 to the 2^nd respondent, who in turn vide letter dated 10.05.2021 directed the 4^th respondent to conduct a detailed enquiry on the said complaint. The 4^th respondent, vide letter dated 15.06.2021, directed the 5th respondent to verify all the documents registered by him as Incharge Sub-Registrar, Mancherial, and submit a report within seven days. Pursuant thereto, the 5^th respondent vide letter dated 22.06.2021 forwarded the list of documents registered in the Sub-Registrar Office, Mancherial, from 22.02.2021 to 10.03.2021, which are alleged to have been registered by the petitioner in violation of the instructions of the 2nd respondent vide Memo No.G2/257/2019, dated 29.12.2020, to the 4^th respondent.

3(i) Based on the report submitted by the 5^th respondent, the 4th respondent has issued a charge memo dated 12.01.2024 to the petitioner. The petitioner submitted an explanation on 24.02.2024, stating that he had registered the documents in accordance with the provisions of the REGISTRATION ACT and that he had not violated any of the instructions issued by the 2^nd respondent, vide Memo No. G2/257/2019, dated 29.12.2020, and he has verified all necessary documents before registering and none of the documents were notified under the prohibitory list under Section 22A of the REGISTRATION ACT . The petitioner also stated that, in the process of registration, he might have committed some errors that would not warrant an enquiry against him. After submission of the explanation, the 4th respondent vide Proceeding No.S/195/2021 dated 19.02.2024, imposed the punishment of stoppage of five annual grade increments without cumulative effect (next increment onwards), under Rule 9 (vi) of T.S.C.S. (C.C. & A), Rules, 1991. Aggrieved thereby, the petitioner has filed the present writ petition.

4. Learned counsel appearing for the petitioner submits that the finding recorded by the Enquiry Officer-4th respondent that the charged officer has accepted the charge as such the case has to be dealt under Rule 22 of T.S.C.S.