HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.7116 OF 2022

ORDER:

Heard Sri Rangarajula Rajasekhar Rao, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Revenue appearing on behalf of the respondent Nos.1 and 3 and the learned Government Pleader for Services-I , appearing on behalf of the respondent No.2.

2. The petitioner approached the Court seeking prayer as under:

“...to issue a Writ more in the nature of Writ of Mandamus or any other writ order or direction, to declare the impugned proceedings of the 1^st Respondent bearing No.A1/448/2017, dated 28/12/2020 and consequential order of the 2^nd Respondent in appeal bearing procgs.No.VS.III(2)/46/2021, dated 18/12/2021 as illegal, arbitrary, unconstitutional and void being contrary to the CCA Rules and set aside the same and consequently direct the Respondents to consider the case of the Petitioner for promotion as Tahsildar with all consequential benefits and pass such other order or orders may deem fit and proper in the circumstances of the case.”

3. The case of the petitioner, in brief, is that the petitioner was initially appointed as Junior Assistant on compassionate grounds in the year 1998 and was promoted to Senior Assistant in the year 2004 and was also promoted to Naib Deputy Tahsildar in the year 2013. The petitioner passed all departmental tests required for Tahsildar promotion. The petitioner's name was included in the 2015- 2016 panel for Tahsildar promotion. While the matter stood thus, the petitioner was placed under suspension in the year 2017 due to allegations of involvement in rice diversion. Despite being reinstated, the petitioner faced disciplinary proceedings vide No.A1/448/2017 dated 28.12.2020 with a penalty of stoppage of one annual grade increment. In pursuance to the said proceedings, the petitioner filed an appeal before the respondent No.2, however, the same was rejected vide Procs.No.VS.III(2)/46/2021 dated 18.12.2021. Aggrieved by the same, the petitioner filed the present writ petition.

PERUSED THE RECORD:

4. The relevant portion of the impugned proceedings of the respondent No.1 vide Proc.No.A1/ 448/ 2017, dated 28.12.2020 addressed to the petitioner herein is extracted hereunder:

“In view of the above facts and circumstances I have not found any negligence in discharge of his legitimate duties and also not found any thing about collusion with the Stage. I I contractor. Hence, the charge is held not proved.

There is no conclusive evidence to prove that the T. Surendar Reddy, Naib Tahsildar (CS) has colluded with Stage.I I Contractor and K. Venkatram with a malafide intention to gain money for his personal benefit. I n view of the above the charge held is not proved.

After careful examination, the findings of the enquiry officer with reference to the explanation submitted by the charged officer, it is noticed that, the enquiry has not touched the depth gross route of the illegal storage of PDS rice in un-authorized point and not ceased out the responsibility of the charged officer. Hence, the Disciplinary Authority proposed to impose a penalty with holding (01) Annual Grade Increment of pay with cumulative effect against the charged officer.

Show-cause notice has been issued for calling the explanation of the charged officer, by communicating the enquiry report and intimation regarding the proposed punishment with holding of annual grade increment with cumulative effect vide reference 10^th read above. The Charged Officer has submitted his explanation and requested to drop the further action vide reference 11^th read above.

In view of the above, in exercise of the powers conferred by Rule 9 (vi) of T.S.C.S (CC&A) Rules, 1991, I hereby ordered for imposing a penalty with holding one increment of pay with cumulative effect against Sri T.Surender Reddy, former Naib Tahsildar (CS), O/o. District Civil Supplies Officer, Nalgonda and now working as Naib Tahsildar, Neredugommu Mandal of Nalgonda District.

The Tahsilda