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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
PULLA KARTHIK
B.Amrutha – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. petitioner challenges a belated charge memo concerning misconduct. (Para 3 , 4 , 5) |
| 2. respondents argue the charge relates to missing service records. (Para 6) |
| 3. court acknowledges dual reliefs of challenging charge and seeking promotion. (Para 7 , 8) |
| 4. judicial review scope limits interference into charge memos. (Para 10) |
| 5. court directs promotion consideration despite charge memo pending. (Para 11 , 12) |
ORDER :
Pulla Karthik, J.
This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
“…to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein more particularly the 2nd respondent in issued the impugned Charge Memo. Rc.No.5506/VC-A/2024, dated 24- 12-2024, after 18 years from the date of incident without any basis and also in contrary to the Proceedings Rc.No.2762/E2/MS/DM&HO/ Nzb/2013, dated 30-5-2014 issued by the than 4th respondent and also in violation of Rule 20 [3] of CCA Rules, as the charge memo is very vague, baseless and not specific and consequentially the Hon’ble Court may pleased to set aside the impugned charge Memo. Dated
Delay in issuing a Charge Memo does not invalidate serious charges; promotion consideration cannot be blocked by ongoing disciplinary actions.
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The charge memo must contain specific charges and be issued in accordance with the relevant rules, and promotions should not be denied based on stage-managed allegations after the crucial promotion d....
The withdrawal of a charge memo does not necessarily nullify the proceedings, and pendency of disciplinary proceedings can be a valid reason for denying promotion.
Vagueness of charge memo, delay in initiation of disciplinary proceedings, impermissibility of piecemeal enquiry
The court upheld that an employee does not acquire a right to promotion while facing grave disciplinary charges, allowing administrative discretion in such matters.
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