HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.42958 OF 2022

ORDER:

Heard Sri Nayakawadi Ramesh, learned counsel

appearing on behalf of the petitioner, learned Assistant Government Pleader for Services-I , appearing on behalf of

respondents No. 1 to 4.

2. The petitioner approached the Court seeking prayer

as under:

“…to issue a Writ, Order or direction particularly one in the nature of Writ of Mandamus to declare the impugned order issued by the 4th respondent imposing the punishment of Stoppage of two annual grade increments without cumulative effect vide Pr.No.A2/166/2017 dated 08.08.2022 on the basis of defective enquiry report submitted by the enquiry officer dated 13.07.2021 is highly illegal arbitrary and unconstitutional and set aside the same with a consequential direction to the respondents to regularize the suspension period from 04.07.2017 to 06.10.2017 as spent on duty and release the Special Grade Increments, arrears attached to the post with all consequential benefits and

pass...”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in

support of the present writ petition is as under:

The petitioner was appointed as Deputy Surveyor in the year 2008, later promoted as Surveyor in the year 2011. Subsequently the petitioner was deputed to D.M.U. Peddapalli and thereafter, the petitioner was ordered to work in the office of Tahsildar-Julapalli on deputation. On 22.03.2017 the petitioner was directed by the Tahsildar – Julapalli to attend works relating to Fixation of Boundaries of tanks under Mission Kakatiya, demarcation of the land for Double Bed Room Houses etc, Basing on the letter of the Tahsildar-Julapally, the 3^rd respondent placed the petitioner under suspension on the ground that petitioner was disobedient in attending legitimate duties vide order dated 04.07.2017.

Subsequently, the respondent authorities initiated departmental proceedings against the petitioner, wherein the petitioner submitted his explanation to the Article of charges framed against the petitioner, by submitting his tour diaries form March 2016 to January 2017. Thereafter, on 06.10.2017 the petitioner was reinstated into service pending disciplinary action.

It is further the case of the petitioner that the respondents have not conducted enquiry proceedings in accordance to rules and did not furnish the enquiry report and even without calling for any explanation from the petitioner, the respondents issued Show Cause Notice dated 16.11.2021 proposing punishment of withholding of Two Annual Grade Increments without cumulative effect. Thereafter, the respondent No.4 imposed the minor punishment of “Stoppage of two annual grade increments without cumulative effect” vide Pr.No.A2/166/2017 dated 08.08.2022 without considering the explanation of the petitioner. Aggrieved by the said impugned order vide Pr.No.A2/166/2017 dated 08.08.2022 issued by the 4^th respondent, the petitioner filed the present writ petition.

4. PERUSED THE RECORD:-

(A) The order impugned vide Pr.No.A2/ 166/ 2017 dated 08.08.2022 issued by the respondent No.4 imposing the punishment of withholding of two annual grade increments without cumulative effect against the petitioner is extracted hereunder.

“Sub:- P.S.- S&LRs Dept-Sti A.Jeevan, Surveyor O/o Tahsildar Ramagundam Mandal Peddapalli Dist. - incidents of disobedience & indiscipline reported - disciplinary action initiated - AOC issued - explanation submitted - Enquiry proposed - EO & PO appointed - enquiry report submitted - SCN issued- explanation submitted - Punishment of withholding of (02) AGI without cumulative effect - orders - issued.

Ref: 1) This office AOC Rc.No.A2/166/2017, dated:27.07.2017.

2) Explanation of Sri A. Jeevan, Surveyor, dated:05.08.2017.

3) Pr.No.A2/166/2017, dated:06.10.2017 of the RDD S&LR Hyderabad.

4) Lr.No.A3/01/2017, dated:22.02.2019 of the EO/AD S&LR Karimnagar.

5) This office Rc.No.A2/166/2017, dated:10.03.2021.

6) Lr. No.A3/01/2017, dated:13.07.202