THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.9230 of 2025

ORDER:

This writ petition is filed seeking the following relief:

“……to issue writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings issued by the Respondent No.4 herein vide Rc No.2418/2017/S1 Dated 15/3/2025 for recovery of total amount of Rs.15,14,638-00 as lumpsum in one Installment from the petitioner in order to implement the orders passed by the Respondent No.3 vide Proceedings No.2261/2019/S6/K3 (i) dated 22.06.2023 during pendency of statutory appeal dated 05.07.2024 before the respondent no.2 is illegal arbitrary violative of Article 14, 21 of the Constitution of India and against the mandatory provisions of Telangana Civil Services CCA Rules,1991 and consequently set aside the said impugned order dated 15.03.2025 and pass such order or orders.”

2. Heard Mr. S.Chandra Sekhar, learned counsel for the petitioner and learned Government Pleader for Forest Department appearing for the respondents. Perused the material available on record.

3. Learned counsel for the petitioner submits that the present writ petition has been filed by the petitioner questioning the Proceedings dated 15.03.2025 vide Rc.No.2418/2017/S1, issued by respondent No.4 for recovery of an amount of Rs.15,14,638/- as lumpsum in one installment from the petitioner’s salary, in order to implement the order dated 22.06.2023 vide Proceedings No.2261/2019/S6/K3 (i) passed by respondent No.3. Hence, the writ petition.

4. Learned counsel for the petitioner further submits that the petitioner was appointed as a Forest Watcher in the year 1988, subsequently was promoted to various posts, including Forest Beat Officer and Forest Section Officer. In the year 2015, the petitioner was promoted to the post of Forest Section Officer. It is further submitted that the petitioner served as a Forest Section Officer at Rebbena Range, Takkelapally, Kumuram Bheem Asifabad District, from July 2016 to July 2024. Presently, he has been working as a Forest Section Officer, Ginnedari Range, Forest Office Division, Asifabad. During his tenure, a plantation scheme was carried out near Tungeda Village Reserve Forest Area. Despite multiple attempts to plant saplings, including replacements in 2018, the plants failed to survive. The petitioner duly informed the Forest Range Officer regarding the non-survival of the plants, and higher officers also visited the site and after conducting soil test, it is found that the plants are not surviving. However, respondent No.3 initiated disciplinary proceedings against the petitioner alleging negligence in maintaining the plantation and imposed punishment, which included reduction to a lower time scale of pay for a period of two years.

5. Learned counsel for the petitioner further submits that aggrieved by the disciplinary proceedings, the petitioner filed a statutory appeal before respondent No.2, which is still pending. Despite the pending appeal, without affording an opportunity to the petitioner to avail the legal remedies, respondent No.4 issued an impugned order dated 15.03.2025 vide Rc.No.2418/2017/S1, directing the Forest Divisional Officer, Asifabad, to recover an amount of Rs.15,14,638/- from the petitioner’s salary in a lump sum in one installment. It is further submitted that the petitioner made a representation on 24.03.2025 to respondent No.2 with a request to stop the impugned order issued by respondent No.4. Therefore, the petitioner filed the present writ petition to challenge the order of recovery issued by respondent No. 4, requesting to set aside the impugned order dated 15.03.2025.

6. On perusal of the record, it is found that this Court on 26.03.2025, granted stay of recovery for an amount from the salary of the petitioner till the next date of hearing. When the matter is taken up for hearing, it is brought to the notice of this Court that the appeal is still pending before respondent No.2.

7. At this j