HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.25775 OF 2022

ORDER:

Heard Sri S.Surender Reddy, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Medical Health and Family Welfare appearing on behalf of the respondent Nos.1, 2, 4, 5 and 6 and the learned Government Pleader for Revenue appearing on behalf of the respondent Nos.3 and 7.

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

“….to issue a writ, order or direction more particularly one in the nature of Writ of MANDAMUS to declare the impugned order issued vide Rc. No.E1/3535/2016 dated 14.06.2017 wherein removing the petitioner from service as Junior Assistant without conducting enquiry as per rules specified under TSCS Rules 1991, and its consequential orders issued in Rc.No.5458/VC.B/ 2013 dated 17.09.2018 rejected the appeal submitted by the petitioner and the orders issued in Proc.Rc.No.5458/VC/B/2013/966 dated 17.05.2022 as illegal arbitrary and unconstitutional and set aside the same and contrary to principles of natural justice with a consequential direction to respondents to reinstate the petitioner into service as Junior Assistant with all consequential benefits and pass…”

3. The case of the petitioner, in brief, is that the petitioner was appointed as an Office Subordinate in 1986 and was later promoted as a Junior Assistant in 2002. While in service, based on a Vigilance Report, the Government issued a memo dated 21.02.2013 recommending action against several individuals, including the petitioner. Without serving any charge memo to the petitioner, an Enquiry Officer was appointed, who conducted an ex-parte enquiry and submitted a report holding that the charges against the petitioner had been proved. Based on this report, a show-cause notice was issued, and subsequently, final orders were passed by the 4^th respondent whereby removing the petitioner from service vide Rc.No.E1/3535/2016 dated 14.06.2017, alleging financial irregularities, including wrongful drawal of salary and allowances. The petitioner’s appeal was mechanically rejected by the appellate authority, and a subsequent representation for reinstatement was also dismissed by the 2^nd respondent vide order dated 17.05.2022. Aggrieved by the same, the petitioner filed the present writ petition.

4. PERUSED THE RECORD:-

A. The impugned order Rc.No.E1/ 3535/ 2016, dated 14.06.2017 issued by the 4^th respondent is extracted hereunder:-

It has been brought to the notice of the undersigned that, Sri Sk.Maqbul Pasha Junior Assistant (u/s) PHC Wazeedu has committed certain financial irregularities while working at PHC Allapalli and noticed that he has drawn the salary of Rs 1,80,137 for the absence period from 21.04.2008 to 22.06.2010 and also drawn Rs. 51780/- towards Physcially Handicapped Allowance with invalid Medical Certificate, during the internal audit conducted by this office of PHC Allapalli and informed to the Director PH & FW TS Hyderabad for taking necessary action in the matter vide ref 1" cited.

The Govt in their memo has ordered to remove Sri Sk Maqbul Pasha Junior Assistant (U/ s) PHC Wazeedu by following the procedure for his unauthorised absence at PHC Allapalli and recover from him, a) the amount of Rs 1,80,137- regarding the salary drawn for his absconding period without settlement of leave from 21.04.2008 to 22.06.2010 and b) also an amount of Rs 51,787.00 regarding 8 years handicapped allowance obtained by producing invalid medical certificate vide ref 1 sited.

In accordance to the orders issued in the ref 2nd cited, the Director Public Health & Family Welfare A.P Hyderabad has requested to initiate immediate action as recommended and furnish the ATR in the matter vide ref

3rd cited.

The District Medical and Health Officer Khammam has issued an Article of charges framed against the individual and asked for explanation vide ref 4^th cited.

Further, Dr P.Pullaiah In charge AddI.DM&HO(T) Bhadrachalam has been appointed as Enqui