THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.177 of 2020

ORDER:

This Writ Petition is filed seeking the following relief:

“….. to declare the action of the Respondent No.2 in issuing the orders in CCLA’s Proceedings No.VS.IV (2)/1881/2016 dated 02.08.2019 where at the Respondent No.2 has upheld the orders of the 3rd Respondent issued vide Proceedings No.A4/158/2016 dated 11-12-2016 as arbitrary, illegal and in contravention of the provisions of 21 & 22 of the Telangana Civil Services (Classification, Conduct & Appeal) Rules, 1991 and set aside the CCLA’s Proceedings No.VS.IV(2)/1881/2016 dated 02.08.2019 and consequently suspend the operation of the orders issued by the Respondent No.3 issued vide Proceedings No.A4/158/2016 dated 11-12-2016....”

2) Heard Sri T.Vijay Hanuman Singh, learned counsel for the petitioner, and learned Government Pleader for Services-I appearing for respondents 1 to 3.

3) Learned counsel for the petitioner submits that while the petitioner was working as Village Revenue Officer, an Article of Charge vide Proc.No.A4/158/2016, dated 28.03.2016, was issued by respondent No.3 against the petitioner alleging that while he was working as In-charge VRO of Kalwaral Village, he has created bogus Pattadar Pass Books and Title Deeds by changing the names in old Pattadar Pass Books and Title Deeds in respect of survey no.158 of Kalwaral Village, to which, the petitioner has submitted his explanation on 31.03.2016. As the said explanation was not convincing, an Enquiry Officer was appointed to conduct a detailed enquiry into the charges levelled against the petitioner. Accordingly, the Enquiry Officer has conducted enquiry and submitted Enquiry Report on 19.09.2016 holding that the charges against the petitioner were proved. Further, based on the said Enquiry Report, the third respondent, vide Proc.No.A4/158/2016, dated 11.12.2016, has imposed the punishment of stoppage of four annual grade increments with cumulative effect and the suspension period was directed to be ‘not on duty’ in terms of FR-54 (B)(7). Aggrieved by the said orders, the petitioner has preferred an appeal before respondent No.2, who vide order dated 02.08.2019, has dismissed the appeal in a mechanical manner without adjudicating the grounds raised by the petitioner in proper perspective. Learned counsel has contended that the Enquiry Officer has not conducted the enquiry in the manner prescribed under Rules 21 and 22 of Telangana Civil Services (Classification, Conduct & Appeal) Rules, 1991 (in short ‘CCA’ Rules’), and copy of Enquiry Report was not furnished on the petitioner as mandated under Rule 21 (2) of the CCA Rules and the same caused serious prejudice to the petitioner. Hence, the imposition of punishment on the petitioner suffers for want of observation of principles of natural justice and audi alteram partem. Hence, the impugned order is illegal, arbitrary and liable to be interfered with.

Learned counsel has further submitted that charge memo issued to the petitioner is vague in nature and no specific incident was attributed. Therefore, the learned counsel prayed this Court to set aside the punishment order dated 11.12.2016 and the order dated 02.08.2019 passed by the appellate authority. Reliance has been placed on:

a) Sunkara Sujana v. District Collector, Ranga Reddy District, 2014 (3) ALD 70 b) Union of India v. Mohd. Ramzan Khan, (1991) 1 SCC 588; and c) Zaheer Ahmed Khan v. A.P. State Wakf Board, Hyderabad

4) Per contra, the learned Government Pleader has submitted that the Tahsildar, Sadashiv Nagar, has submitted a report dated 08.01.2016 stating that the petitioner has created bogus Pattadar Pass Books and Title Deeds in respect of survey No.158 of Kalwaral Village, which is a Government land and not a patta land, duly tampering the village records and pahani, and issued manual pahani nakal to one N.Suresh S/o.Chinna Parvaiah R/o.Kalwaral. It is further reported that earlier the petitioner was also warned for misguiding