HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.15819 OF 2020

ORDER:

Heard Sri K.S.Sunil, learned counsel appearing on

behalf of the petitioner and the learned Government Pleader for Panchayat Raj and Rural Development appearing on behalf of the respondent Nos.1 and 3 to 5 and Smt. Shalini, learned Assistant Government Pleader for

Services-I I appearing on behalf of the respondent No.2.

2. The petitioner approached the Court seeking prayer as

under:

“…to issue an appropriate Writ or Direction or

Order, more particularly in the nature of Writ of Mandamus, declaring the action of the respondents in not reinstating the petitioner into services in spite of the acquittal in the criminal case in CC No.290 of 2013 on the file of JFCM at Jadcherla, dt.31.12.2019 and closing of departmental proceedings, as illegal, arbitrary and against the settled principles of law and consequently direct the respondents to reinstate the petitioner into services with all back wages and continuity of service and

to pass…..”

3. The case of the petitioner, in brief, is that the petitioner was appointed as a Bill Collector on a temporary basis on 26.02.1994 on compassionate grounds and the petitioner’s service was regularized on 17.02.1999. The petitioner was later promoted to the post of Junior Assistant on 01.09.2005. While the petitioner was working as a Junior Assistant, on the instructions issued by Respondent No.3, the District Panchayat Officer, Mahaboobnagar District, Respondent No.4, the Divisional Panchayat Officer, Mahaboobnagar District, conducted an enquiry and submitted a report dated 04.07.2008, stating that the petitioner had misappropriated an amount of Rs.4,10,641/-. Thereafter, proceedings dated 19.07.2008, was issued suspending the petitioner based on the report furnished by Respondent No.4. On 29.12.2008, a charge memo was issued to the petitioner with the aforementioned charge. Since the charge memo did not contain any witness except the enquiry report furnished by Respondent No.4, on 09.06.2009, Respondent No.4 was once again appointed as the Enquiry Officer and submitted a report without examining anyone, except recording the evidence of the complainant i.e., the Sarpanch of the village. On 03.11.2009, Respondent No.3, by accepting the defective enquiry report, issued an impugned order dated 03.11.2009 removing the petitioner from service. Based on the enquiry report, Respondent No.3 also lodged a criminal complaint against the petitioner for the same allegations, and the police registered a case in Cr. No.242 of 2010 under Sections 409 and 420 of the IPC. After filing the charge sheet, the criminal case was numbered as C.C.No.290 of 2013, and on 31.12.2019, when it came up for hearing before the Judicial Magistrate of First Class at Jadcherla, the petitioner was acquitted. Thereafter, on 07.03.2020, the petitioner submitted a representation to Respondent No.3, who is the disciplinary authority, for reinstatement into service with all consequential benefits in view of the petitioner's acquittal in the said criminal case. However, no order has been passed on the said representation reinstating the petitioner into the service. Hence, the petitioner filed an appeal to the Commissioner, Panchayat Raj and Rural Development, to consider the petitioner's claim for reinstatement into service in view of the petitioner's acquittal in the criminal case, duly setting aside the removal order passed by Respondent No.3 dated 03.11.2009. However, the said appeal preferred by the petitioner had been rejected vide order dated 15.03.2022 by the Commissioner, Panchayat Raj Bhavan, Himayatnagar, Hyderabad on the ground that it is barred by limitation. Aggrieved by the same, the petitioner filed the present writ petition.

4. PERUSED THE RECORD:

A. The relevant paragraph Nos.17 and 18 of the order dated 31.12.2019 of the Judicial Magistrate of First Class at Jadcherla acquitting the petitioner herein is extracted hereunder:

“17). PW.4 is the investigation