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HIGH COURT OF TELANGANA
Surepalli Nanda
Ahmed Shujauddin Quadri – Appellant
Versus
State of Telangana & others – Respondent
| Table of Content |
|---|
| 1. petitioner's complaint against additional khazi (Para 2 , 3 , 4 , 5) |
| 2. suspension of khazi and background of allegations (Para 6 , 8 , 10 , 11) |
| 3. argument on legal liability and natural justice (Para 12 , 14 , 15 , 16) |
| 4. vicarious liability as per recent case law (Para 21 , 22) |
| 5. orders for action following legal conclusions (Para 23) |
ORDER :
Surepalli Nanda, J.
W.P.No. 38879 of 2022 :-
Heard Sri A.Venkatesh, learned senior designated counsel representing Sri P.Pandu Ranga Reddy, learned counsel appearing on behalf of the petitioner on record, learned Government Pleader for Social Welfare appearing on behalf of the respondent No.1 and Sri Mohammad Obaid Mohiuddin, learned counsel appearing on behalf of the respondent No.2.
2. The petitioner approached the Court seeking prayer as under in W.P.No. 38879 of 2022 :
“.........to issue a Writ, order or direction and more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in not acting upon the Report of the Assistant Commissioner of Police dt 14.07.2021 and not initiating action against the 2nd respondent as being illegal arbitrary and unconstitutional and consequently direct the 1s
The court affirmed vicarious liability of public officials for acts committed by subordinates in official capacity, directing action under relevant provisions of law for accountability.
Removal of a Kazi under the Kazi’s Act, 1880, requires due process and can be based on misconduct associated with their office, including failure to oversee Naib Kazis adequately.
The inaction of the government in appointing a petitioner as Kazi is arbitrary and violates principles of natural justice, holding that prior dismissal from Naib Kazi does not disqualify one for Kazi....
The dismissal of a Naib Qazi does not violate principles of natural justice where no legal or statutory rights exist for the position under Kazi's Act.
The court affirmed that the appointment of Khazis must follow the procedures outlined in the Khazi Act 1880, emphasizing local consultation and government authority.
The appointment of multiple Kazis must adhere to territorial demarcation and established procedures, with mere recommendations not infringing on existing appointments unless formally overlapping.
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