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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
PULLA KARTHIK
A. Venkateshwarlu – Appellant
Versus
State of Telangana, Rep. By its Principal Secretary to Government, Environment, Forests, Science & Technology Department – Respondent
| Table of Content |
|---|
| 1. petitioner's grievance and case background. (Para 1 , 2 , 6) |
| 2. arguments regarding the validity of charges. (Para 3 , 4 , 5 , 9 , 10 , 12) |
| 3. interpretation of powers under the cca rules. (Para 11 , 16 , 26) |
| 4. observations on delay and misconduct definitions. (Para 17 , 19 , 20 , 22) |
| 5. petition allowed; impugned order set aside. (Para 27 , 28 , 29) |
ORDER :
Since the grievance of the petitioner in both these matters is inter se connected with each other, they are taken up together and being disposed of by this common order.
2) Heard Sri P.Suresh Reddy, learned senior counsel, representing Sri G.Raman Goud, learned counsel for the petitioner, learned Government Pleader for Services-I appearing for respondents 1 to 3, and Sri G.Narayana, learned Standing Counsel, appearing for respondents 4 and 5.
3) Learned senior counsel for the petitioner submitted that an Article of Charge vide G.O.Rt.No.81, MA & UD (Vig.II) Department, dated 18.02.2016, was issued by respondent No.2 to the petitioner alleging that while the petitioner was working on deputation as Forest Range Officer in the office of respondent No.4 during the period from 06.09.2008 to 03.12.2009 he has not put the
The issuance of a Charge Memo by an unauthorized authority after undue delay is unsustainable, as negligible errors do not constitute misconduct.
Disciplinary proceedings must adhere to procedural fairness as outlined in Rule 20 of the Andhra Pradesh Civil Services (CC&A) Rules, 1991, and unjustified delays render penalties void.
Disciplinary proceedings must adhere to principles of natural justice, including the right to cross-examine witnesses; failure to do so invalidates penalties imposed.
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