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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
PULLA KARTHIK
M.Ramakrishna Goud – Appellant
Versus
State of Telangana Rep. by its Principal Secretary, Home Department – Respondent
| Table of Content |
|---|
| 1. request for mandamus against dismissal. (Para 1 , 2) |
| 2. background of petitioner’s service and allegations. (Para 3) |
| 3. petitioner's arguments against dismissal procedures. (Para 4) |
| 4. government's justification of dismissal. (Para 5) |
| 5. court's review of arguments. (Para 6 , 8) |
| 6. court's criticism of reasons for dismissal. (Para 10 , 11) |
| 7. precedents on article 311(2)(b) invocation. (Para 12 , 13 , 14) |
| 8. temporal jurisdiction and interim orders relevance. (Para 15) |
| 9. writ petition allowed; dismissal set aside. (Para 16) |
ORDER :
Pulla Karthik, J.
This Writ Petition is filed seeking the following relief:
“…. to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) declare the action of the 3rd Respondent in issuing the D.O. No. 108/2024, dated 22/23-1-2024 awarding penalty of dismissal from service under the provisions of Article 311 (2) (b) of Constitution of India and Rule 25 (ii) of TS Civil Services (CC&A) Rules, 1991 has been wholly illegal, arbitrary and liable to be set aside and consequently set aside the same; (ii) and with further direction to the Respondents to reinstate the Petitioner into s
Dismissal without a proper inquiry under Article 311 (2) (b) deemed arbitrary and illegal, requiring substantial justification beyond mere allegations.
Disciplinary action under Article 311(2)(b) must be supported by robust evidence; reliance on mere presumptions about witness intimidation without conducting an inquiry contravenes natural justice pr....
Dismissal from police service upholds under Article 311 without inquiry due to impracticality of witness testimony related to serious sexual misconduct.
The central legal point established in the judgment is that the dismissal from service under Article 311(2)(b) without conducting a regular departmental enquiry and without proper justification viola....
The authority must provide objective justifications for the impracticability of holding an inquiry under Article 311(2)(b) and the dismissal of a regular member of the force is a drastic measure that....
Dismissal from service matter - Rule 23 of Rules of 1991 clearly indicate that provisions of Revision are not mandatory in nature and are clearly at discretion of Officer whose appeal has been reject....
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