HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.6549 OF 2021

ORDER:

Heard Sri S Ajay Kumar, learned counsel appearing

on behalf of the petitioner and the learned Assistant Government Pleader for Education appearing on behalf of

respondents.

2. The petitioner approached this Court seeking the

prayer as under:

“….to issue an appropriate Writ, Order of

Direction, particularly one in the nature of Writ of Mandamus, declaring that the order passed by the 3^rd respondent in proceedings Rc.No.1924/A3/2019, dated 25-02-2020, imposing major punishment of stoppage of two annual grade increments with cumulative effect, confirmed by 2^nd respondent in rejecting Appeal of petitioner vide proceedings No.852/B4/2020, dated 23-07-2020, served on 14-12-2020 as illegal, unjust, contrary to law, arbitrary, in violation of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India, and consequently set-aside the order passed by the 3^rd respondent in proceedings Rc.No.1924/A3/2019, dated 25-02-2020, by granting all consequential benefits; and pass such other order or further orders as deemed fit and proper under the

circumstances of the case.”

3. The case of the petitioner, in brief, is that the petitioner was appointed as a Secondary Grade Teacher on 30.12.1997. While serving under the 3^rd respondent, the petitioner was suspended on 03.08.2013 based on a false complaint alleging misappropriation of SMC funds for classroom construction without approval. Despite being eligible for subsistence allowance under FR 53, no allowance was paid during the suspension period from 03.08.2013 to 16.04.2019. The petitioner was acquitted in the related criminal case vide S.C. No.440 of 2011 on 11.12.2017. Despite submitting explanations, a major penalty of withholding two annual increments with cumulative effect was imposed on the petitioner on 25.02.2020 and the appeal was rejected on 23.07.2020. Aggrieved by the same, the petitioner filed the present writ petition.

4. PERUSED THE RECORD:

A) The relevant portion of the impugned proceedings vide Proc.Rc.No.1924/ A3/ 2019, dated 25.02.2020 issued by the respondent No.3-The District Educational Officer, Mahabubabad to the petitioner herein, is extracted hereunder:

“As per the application submitted by the Individual vide reference 1^st read above. forwarded through the Mandal Educational Officer concerned and as per the instructions issued in the reference 3^rd read above. Sri. D.Nagaraj Kumar, SGT. MPPS Cheruvumundu thanda. Kesamudram mandal, Mahabubabed district who was on leave was re- instated to duty vide reference 4^th cited, pending disciplinary action.

As the individual has suspension and misused the Govt. funds that leads to negligence and dereliction in discharging of his/her legitimate duties for which he/she has contemplated in accordance with the procedure laid down in rule 20 of the Civil Services (CCA) Rules 1991.

In this regard, the article of charges has been issued to the individual vide reference 5^th cited, and the individual has submitted his defense statement and the MEO Kesamudram has been appointed as Enquiry Officer. The Enquiry Officer has submitted his enquiry report vide reference 7^th cited Further the individual has remitted the misused funds of Rs.4.30 Lakhs to this office.

Based on the application of the individual and joining report submitted by the MEO concerned vide reference 6^th cited, the period from 12.06.2013 tο 15.04.2019 is hereby treated as eligible leave and awarded major punishment of stoppage of (02) AGI with cumulative effect, as per CCA Rules.

The MEO Kesamudram is requested to take necessary action and make necessary entries to the effect in the service book of the individual under proper attestation, and submit the proposals of leave sanction to this office for onward submission to the Commissioner, School Education, TS, Hyderabad for sanction.

The receipt of the proceedings shall be acknowledged forthwith.”

B) The relevant portion of the impugne