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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
APARESH KUMAR SINGH, G.M.MOHIUDDIN
M. Narsimulu – Appellant
Versus
Telangana State Power Distribution Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. writ appeal's background and procedural history (Para 1 , 2 , 3) |
| 2. arguments from both parties regarding disciplinary action (Para 4 , 5) |
| 3. court's analysis on penalty classification and procedural adherence (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. conclusion on the legality of imposed penalty (Para 18) |
| 5. final order dismissing the appeal (Para 19) |
JUDGMENT :
1. The present Writ Appeal is directed against the order dated 25.04.2022 passed by the learned Single Judge in W.P.No.22919 of 2005 whereby the writ petition filed by the appellant challenging the disciplinary action culminating in the penalty and postponement of one increment without cumulative effect was dismissed. The appellant filed the underlying Writ Petition No.22919 of 2005 challenging the final order of the respondent No.2 in Memo No.CMD/CGM(HRD)/GM(S)/AS.III/PO.V/F.3197-C/04-2, dated 26-10-2004.
2. Heard the appellant (M. Narsimulu) who appeared party-in- person and Sri A. Chandra Shaker, learned Standing Counsel for Telangana State Northern Power Distribution Co. Ltd., (TGNPDCL) for the respondents and perused the record.
Factual matrix in brief
3. The appellant while working as
The court affirmed that a penalty classified as minor does not require a full inquiry, and the procedural requirements for imposing such penalties were adequately met.
Suspended from service - Minimum period of permanent barring of increment shall not be less than one year and maximum period shall not be more than three years - Permanent barring of increment shall ....
It is well settled, by a series of rulings of Apex Court and various High Courts including Court, that in a case where disciplinary authority and enquiry authority are two different functionaries, th....
The stoppage of increments with cumulative effect is deemed a major penalty requiring a formal inquiry as per relevant regulations and previous court rulings.
The Court affirmed that a show cause notice can initiate disciplinary proceedings if it meets the procedural requirements outlined in the relevant rules.
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
Stoppage of one annual increment with cumulative/permanent effect is a major penalty under service rules, equating to reduction to lower pay stage, requiring full departmental inquiry; may be modifie....
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