THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.29456 of 2024

ORDER:

The present Writ Petition questions the action of the

2^nd respondent in placing the petitioner under suspension vide impugned proceedings No.2772018/E/2024, dated

16.10.2024.

2. Heard Sri A. Phani Bhushan, learned counsel for the petitioner and learned Government Pleader for Services-III for respondents. Perused the record.

3. Learned counsel for the petitioner submits that the petitioner was initially appointed as a Technical Assistant through the Public Service Commission and posted to the office of the Assistant Director, Mines, Mancherial. Subsequently, the petitioner was posted as In-Charge Assistant Director of Mines and Geology, Mahabubnagar, on 31.05.2021. While so, the MLA, Jadcherla, made a complaint to the Minister for Revenue I & PR Government of Telangana, raised certain issues against M/s Sri Varahi Infra Developers and Ventures developed by Giridari Construction Limited and the Minister for Revenue I & PR Government of Telangana, directed Addl. Collector Revenue to submit factual report in the matter. Pursuant to the same, Additional Collector Revenue had enquired into the matter and submitted his report to the Minister on 23.01.2024. Thereafter, upon instructions of the 4^th respondent, the petitioner inspected the subject area in Sy.No.118/P of Balanagar Village and Mandal, and upon noticing certain deviations, the petitioner had issued a show-cause notice dated 28.02.2024 to M/s Sri Varahi Infra Developers and Ventures pointing out the lapses and directed to submit their explanation and show-cause as to why the penalty of Rs.5,12,49,748/- of seignorage fee cannot be imposed against them.

3(1). In pursuant to the above said show-cause notice dated 28.02.2024, M/s Sri Varahi Infra Developers and Ventures had submitted their explanation dated 05.03.2024 stating that they did not commit any irregularities as alleged in the show-cause notice and in the layout, and they have placed the reliance on the Government Order issued vide G.O.Ms.No.139, dated 12.11.2013 wherein the Government had exempted the seignorage fee for levelling the land for agriculture/civil purpose which is other than mining purpose. Thereafter, the Surveyor, office of the AD Mines and Geology surveyed on 07.03.2024 to cull out the truth of the explanation and submitted his report on 07.03.2024 showing elevation in meters with C Level from August 2017 to June 2023 in as many as 8 points. Based on the explanation submitted by the M/s Sri Varahi Infra-Developers and Ventures, the report submitted by the Surveyor and in view of the orders in G.O.Ms. No.139, dated 12.11.2013, the petitioner issued a letter, dated 07.03.2024 dropping the further action pursuant to the show-cause notice, dated 28.02.2024 against M/s Sri Varahi Infra-Developers and Ventures. 3(2). Thereafter, the Government issued orders vide G.O.Rt.No.43, dated 14.03.2024 transferring the Gazette Officers working in Mines and Geology Department and wherein the petitioner was also subjected to transfer from Medak and In-Charge Mahabubnagar, to Jangaon and pursuant to thereof, the petitioner joined as an Assistant Geologist on 15.03.2024 and he was also placed as In- Charge Assistant Director of Jangaon. Subsequent to transfer of the petitioner, the 4^th respondent is said to have been issued proceedings dated 21.05.2024, constituting Four men committee comprising of the R.D.O., Mahabubnagar, Executive Engineer, Irrigation Department, Jadcherla, ADSLR, Mahabubnagar, and Deputy Director of Mines and Geology, Hyderabad, to enquire in detail on the allegations. The Committee submitted their report on 28.05.2024 by observing that a quantity of 1,67,396/- Metric Ton was brought/processed from outside the Venture area and recommended action against the developers and thereafter, the Deputy Director, Mines and Geology and District Collector submitted their reports on 29.05.2024 and 15.10.2024 respectively to the 2