THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO.2791 OF 2020

ORDER

This Writ Petition, under Article 226 of the Constitution of India is filed seeking the following relief:

“… to call for the records relating to the impugned show cause notice in proceedings RC No.A/1660/2008, dt:24.09.2018, issued by the 1^st Respondent and set aside the same by declaring them as illegal, arbitrary, discriminatory and violative of Articles 14 & 16 of the Constitution of India and consequently, direct the Respondents to drop the disciplinary proceedings against the Petitioner and regularize the suspension period as on duty period, with all service and monetary benefits and to pass any such order….”

2) Heard Sri P. Amarender, learned counsel for the petitioner, and learned Government Pleader for Services-III for respondents.

3) Learned counsel for the petitioner has submitted that while the petitioner was working as Hostel Welfare Officer, Grade-II, he was placed under suspension on 03.11.2008 and reinstated into service on 23.04.2010 on the allegation that he issued four fraudulent salary certificates and accordingly, an Article of Charge dated 02.01.2019 was issued to the petitioner alleging that when he was functioning as Assistant Welfare Officer has issued four bogus salary certificates to Syndicate Bank, Karimnagar branch, in favour of four persons who are not working at Government BCBH, Karimnagar, and arranged for drawl of personal loan of Rs.1,10,000/- to each and also issued undertaking letter to deduct the loan instalments from their monthly salaries. Further, the petitioner has submitted his explanation on 04.01.2009 denying the charges and requesting to drop further action against the petitioner. Dissatisfied with the said explanation, an Enquiry Officer was appointed and the Enquiry Officer has conducted the enquiry and submitted a report on 19.07.2020 holding that there is no relation between the petitioner and the persons who have taken personal loans from Syndicate bank and that the signatures on the certificates and the undertakings are different from the signatures on the statement given by the petitioner and also opined to send the signatures to forensic lab for verification of the originality of the signatures. As per the said report, the District BC Development Officer, Karimnagar, has obtained the signatures of the petitioner and sent to the Forensic department for testing and even the Forensic Lab has also not reported that the signatures available on the salary certificates and undertaking letters are that of the petitioner. As such, the allegations made against the petitioner are false and baseless. Learned counsel has further submitted that in connection with the said issue, a criminal case was also registered against the petitioner vide crime No.298/2008 of PS Karimnagar Town for the offence punishable under Section 420 of Indian penal Code on 04.11.2008 and after filing of charge sheet the case was numbered as C.C. No.516 of 2010 on the file of Special Judicial Magistrate of I Class (Excise), Karimnagar, and the said case was ended in acquittal vide judgment dated 14.09.2016. Learned counsel has contended that in view of said acquittal, the respondents ought to have dropped the disciplinary proceedings against the petitioner as the charges in the criminal case and departmental proceedings are one and same. But, without doing so, a show cause notice dated 24.09.2018 was issued to the petitioner proposing to impose a major penalty of reduction to lower timescale of pay and to take further action against the petitioner while inviting his representation, to which, the petitioner has submitted his representation on 05.10.2018 denying the allegations and requesting to drop the proceedings and also to regularize the suspension period. Learned counsel has contended that the impugned show cause notice dated 24.09.2018 is illegal, arbitrary and without application of mind and contrary to the Rules. Learned counsel has also