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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
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 date under his initial recorded in the Measurement Book at a few places during check measurement of four works out of many works, without jurisdiction and after a lapse of 8 years, for which, the petitioner has submitted his explanation denying the charge. However, without considering the said explanation, an enquiry was ordered. The Enquiry Officer has conducted th
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.
Judicial review in disciplinary matters is limited; delay alone does not invalidate proceedings unless prejudice is demonstrated.
Inordinate delay in concluding departmental proceedings can lead to quashing the charges against an employee, emphasizing the need for adherence to prescribed time limits in disciplinary inquiries.
Delay in departmental proceedings should be considered in light of the gravity of the charges involved, and the definition of 'grave misconduct' is not limited to specific acts mentioned in the rules....
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