HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.37776 OF 2022

ORDER:

Heard Sri M. Ramgopal Rao, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services-I I appearing on behalf of the respondents.

2. The petitioner approached the Court seeking amended prayer as under:

“…to issue writ order or direction more particularly one the nature of writ of mandamus declaring the action of the respondent No.2 in imposing the punishment with a stoppage of (02) annual grade future increments without cumulative effect by the respondent No.4 vide Proc No. Al/HR25/2020, dated 10.12.2021 without jurisdiction and contrary to the provisions of TS CS (CCA) Rules and also violation principles of natural justice consequently to set aside the same direct the respondents to pay all the benefits accrued to the petitioners and to pass….”

3. The case of the petitioner in brief as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

The petitioner was appointed as Assistant Executive Engineer on 16.09.1994 and promoted to the post of Deputy Executive Engineer on 29.06.2020. Thereafter , the petitioner was placed as Assistant Project Director under the 2^nd respondent jurisdiction on deputation basis for a period of one year from the date of joining i.e., 10.07.2020, later the said post was re-designated as Addl. DRDO, Nirmal.

It is the further case of the petitioner that the petitioner attended the review meeting on 13.07.2021 conducted by the 4^th respondent and subsequently 4^th respondent issued proceedings vide no. DRDA/A1/2020/2021 dated 13.08.2021 suspending the petitioner on the ground of displeasure over the performance. The specific case of the petitioner is that the deputation period of the petitioner expired on 10.07.2021 and the same was not renewed by the 3^rd respondent, hence the disciplinary authority for initiating the action against the petitioner is 3^rd respondent but not the 2^nd and 4^th respondent. On earlier occasion the petitioner approached this court through the W.P.No.25449 of 2021, however during the pendency of the said writ petition the 4^th respondent issued the impugned order dated 10.12.2021 imposing punishment of stoppage of two annual grade future increments without the cumulative effect. Aggrieved by the same the petitioner preferred the present writ petition.

4. PERUSED THE RECORD.

A. The impugned order proceedings No.A1/ HR-25/ 2020, dated 10.12.2021 issued by the 4^th respondent to the petitioner is extracted hereunder:-

Through the reference, 1st cited, Sri V. Rajeshwara Prasad, Dy. EE, PRED/ Add DRDO, DRDA Nirmal was placed under suspension due to grass negligence of duties and failure to monitor the MGNREGS programme in the District.

2) Through the reference 2 cited, Sri V. Rajeshwara Prasad, Dy. EE, PRED, Add DRDO. DRDA Nirmal attended before the enquiry officer the than DRDO (FAC), DRDA Nirmal and the enquiry officer has conducted an enquiry leveled against V. Rajeshwara Prasad, Dy. EE, PRED/ Addl. DRDO. DRDA Nirmal and submitted the enquiry report to the District administration.

3)After careful examination of the case with due consideration the District Administration is decided to reinstate the individual into duties while imposing the punishment with a stoppage of (02) Annual Grade future increments without cumulative effect.

4) On reinstating the services of Sri V. Rajeshwara Prasad, Dy. EE, PRED is hereby repatriated to his parent Department i.e., the Engineer -In- Chief, Panchayath Raj Engineering Department, Telangana, Hyderabad.

5) Therefore, Sri V.Rajeshwara Prasad, Dy.EE, PRED is directed to report before the Engineer -In- Chief, Panchayath Raj Engineering Department, Telangana Hyderabad for further posting.

06) The Engineer -In- Chief. Panchayath Raj Engineering Department, Telangana, Hyderabad is requested to admit the individual and inform the date of joining for this office.

B.