HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.4449 OF 2023

ORDER:

Heard Sri N. Ramesh, 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 prayer as under:

“…to issue an order or direction more particularly one in the nature of Writ of MANDAMUS to declaring the G.O.Rt.No.385 Panchayat Raj and Rural Development (VIG.Engg) Department dated 22/10/2021 issued by the 1st respondent imposing the penalty of Stoppage of One (1) Annual Grade Increment without cumulative effect is illegal, arbitrary and unconstitutional and set aside the same and pass…”

3. It is the specific case of the petitioner that G.O.Rt.No.385 Panchayat Raj and Rural Development (VIG.Engg) Department dated 22/10/2021 issued by the 1st respondent imposing the penalty of Stoppage of One (1) Annual Grade Increment without cumulative effect is illegal, arbitrary and unconstitutional. Aggrieved by the said action of the respondents, the present Writ Petition is filed.

4. PERUSED THE RECORD.

A. The relevant portion of the impugned proceedings, G.O.Rt.No.385, dated 22.10.2021 of the 1^st respondent is extracted hereunder:-

4. After examination of the Enquiry Report, a copy of Enquiry Report has been communicated to Smt. M. Janaki, the then Deputy Executive Engineer, V&QC, Mission Bhagiratha, Karimnagar and presently working as Executive Engineer (FAC), Mission Bhagiratha (Intra) Division Sircilla as required under Rule 21 (2) of Telangana Civil Services (CC&A) Rules, 1991 and she is directed to submit his representation on the Enquiry Report within fifteen (15) days from the date of receipt of this Merno, failing which it will be construed that she has no explanation to offer and necessary further action will be taken against her based on the material available on record, as per rules in force in the matter vide reference 7th read above. The Engineer-in-Chief, Mission Bhagiratha, Hyderabad has furnished the representation of the charged officer vide reference 8th read above.

5. Government after careful examination of the matter hereby order to Impose a penalty of "Stoppage of One(1) Annual Grade Increment without cumulative effect" against Smt. M. Janaki, the then Deputy Executive Engineer, V&QC, Mission Bhagiratha, Karimnagar and presently working as Executive Engineer (FAC), Mission Bhagiratha (Intra) Division Sircilla under Telangana Civil Services (CC&A) Rules, 1991 on the allegations of Irregularitles in execution of the ..or "CPWS scheme to Chennur and other Habitations in Chennur Mandal of Adilabad District.

B. The relevant portion of the enquiry report, dated 06.06.2012 of the Chief Engineer, VI G & QC, RWS&S, Hyderabad is extracted hereunder:-

6.2 With a view to reduce the designed pressure in the pipe lines due to observation of frequent damages an additional expenditure of Rs.10.00 Lakshs (approx) had been incurred which is wasteful towards the construction of 120KL Sump near OHBR, for additional Pump Sets and power supply lines. As per Procs. No. Budget/RWS&S/V&QC/5479 /2008, Dated: 08.08.2008 of Engineer in Chief, RWS&S, Hyderabad the quality control inspection of materials for the works costing less than Rs 10.00 crore up to Rs 1.00 crore, shall be conducted by Superintending Engineer, RWS&S concerned and DEE, QC, RWS&S concerned district and the SE, RWS&S will issue the test certificate As per above guidelines, suitable disciplinary action may be initiated against Sri T.Srinivasa Reddy the then Superintending Engineer, RWS&S, Adilabad, and Smt M.Janaki the then and present Deputy Executive Engineer, V&QC, RWS&S Karimnagar who are responsible since they witnessed the Quality control inspection at the manufacturer’s worksite and issued pre- delivery Q.C. certificates for clearance of inferior quality HDPE Pipes.

C. The relevant portion of the Enquiry report U.O.Note.No.02(348/ V&E/ Engg/ 2016), dated 09.06.2020 c