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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
APARESH KUMAR SINGH, G.M.MOHIUDDIN
State of Telangana, rep. by its Principal Secretary, School Education Department – Appellant
Versus
D. Ramchander – Respondent
JUDGMENT :
Aparesh Kumar Singh, CJ.
Sri Santhapur Satyanarayana Rao, learned Government Pleader for Services-I, appears for the appellants.
Sri Goda Siva, learned Senior Counsel, representing Ms. Goda Ramalakshmi, appears for the respondent.
2. Heard learned counsel for the parties.
3. The State of Telangana and Jawahar Bal Bhavan, the respondents in W.P.14373 of 2023, are the appellants herein aggrieved by the judgment dated 14.06.2024 rendered by the learned writ court quashing the impugned G.O.Ms.No.14, School Education (Vigilance) Department, dated 12.04.2023, whereby the respondent herein (hereinafter referred to as ‘the writ petitioner’) was dismissed from service. The learned writ court also directed the appellants to pay all the consequential benefits to the writ petitioner as per his entitlement.
4. The narration of facts as furnished in the form of a tabular chart containing the genesis of the dispute from the year 2002 when the writ petitioner was promoted to the post of Senior Assistant from the post of Junior Stenographer in the office of appellant No.2 are extracted hereunder:-
5. The present controversy revolves around the dismissal of the writ petitioner by impugned G.O.Ms
In disciplinary proceedings, the standard of proof differs from criminal law; acquittal does not undermine departmental findings if misconduct is established.
The court emphasized that the enhancement of penalty, the nature of the petitioner's acquittal, and the proportionality of the punishment were crucial in reaching its decision.
Acquittal by benefit of doubt in criminal case does not constitute honourable acquittal and does not vitiate disciplinary dismissal for falsified date of birth, given differing proof standards.
The main legal point established is that the High Court's interference with the punishment imposed by the Disciplinary Authority is limited to cases of shockingly disproportionate punishment or proce....
The use of fraudulent documentation for securing employment constitutes grave misconduct, warranting dismissal rather than mere discharge.
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