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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
PULLA KARTHIK
Chukkapalli Prasad – Appellant
Versus
State of Telangana, Represented by its Special Chief Secretary (Revenue and Excise), Telangana Secretariat – Respondent
ORDER :
Seeking to declare the inaction of respondent No.1 in issuing Memo No.29064/Vig.II(2)/2025, Revenue (Vigilance.II) Department, dated 14.12.2023, as illegal, arbitrary, unjust, contrary to Fundamental Rule 54 1B and consequently to direct the respondents to regularize the petitioner’s suspension period from 14.06.2005 to 31.12.2007 as on duty with all consequential benefits, the present Writ Petition is filed.
2) Heard Sri B.Ramulu, learned counsel for the petitioner, and learned Government Pleader for Services-I appearing for the respondents.
3) Learned counsel for the petitioner has submitted that the petitioner belongs to erstwhile combined State Secretariat Service and while he was working as Assistant Section Officer, he was deputed to Prohibition and Excise Department as Prohibition and Excise Inspector in the year 1992. Further, as the lien continued, his seniority was continued in the Department and as per Rules he was considered and promoted to the cadre of Section Officer vide Office Order dated 20.05.2005 along with all other eligible incumbents who were deputed to various departments from Secretariat. Further, during the interlude of communicating the promotion orde
An acquittal does not automatically dictate salary payment during suspension; the competent authority must evaluate if the suspension was wholly unjustified.
The court ruled that a government servant's suspension period must be treated as on duty with full pay if acquitted of charges and if disciplinary proceedings result in a minor penalty.
An acquitted employee is entitled to have their suspension period treated as on duty, and authorities must provide reasoned orders in compliance with natural justice.
The duty of the competent authority to consider and pass specific orders regarding pay, allowances, and the treatment of the suspension period as duty, and the principles of natural justice in afford....
The main legal point established in the judgment is the application of rule 54-B of the Fundamental Rules and the discretion of the Disciplinary Authority in justifying a suspension and determining e....
Acquittal in prior criminal proceedings necessitates regularization of suspension period as duty, regardless of subsequent charges.
The failure to timely review a suspension after the issuance of a Memorandum of Charges renders the suspension invalid, mandating reinstatement.
Suspension from service - Allowances - Time passed on leave of all kinds with allowances shall not count as qualifying service, except the period of Leave Without Allowances availed of under Rule 88,....
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