THE HON’BLE SRI JUSTICE PULLA KARTHIK

ORDER:

This Writ Petition (TR) is filed seeking to declare the impugned proceedings of respondent No.1 bearing Rc.No.A1/1356/2014 dated 27.01.2015, as void, illegal, arbitrary, unconstitutional and contrary to the principles of natural justice, and consequently, to set aside the same.

2. Heard Sri M. Bharath Shah, learned counsel appearing for the petitioner, and learned Government Pleader for Services-III, on behalf of the respondents.

3. Learned counsel for the petitioner submits that while the petitioner was working as an Assistant Tribal Welfare Officer, Venkatapuram, on FAC basis, one Mr. L. Ramdas, Secondary Grade Teacher and Deputy Warden of the Hostel (Ashram Schools) of Ashram High School, Narayanaraopet, had shifted six quintals of rice from the hostel, which was caught by the villagers. However, the petitioner was placed under suspension by respondent No.3 vide proceedings dated 26.10.2014, alleging certain lapses on his part with regard to the inspection of the Tribal Welfare Educational Institutions. Thereafter, respondent No.2 issued a Charge Memo dated 13.11.2014, framing certain charges, alleging that though he was physically present at the Institution, he was unable to control the shifting of rice, and also that he failed to inform the higher officials. In response, he submitted his explanation to the said charge memo on 13.11.2014, denying the charges. While so, prior to the same, on 06.11.2014, the aforesaid Mr. L. Ramdas had submitted a representation to respondent No.2, stating that the petitioner herein was nowhere concerned with the shifting of rice, and that the petitioner was actually unwell at that point of time. Subsequently, an enquiry was conducted by the Director, Tribal Welfare, Bhadrachalam, wherein, the charges leveled against the petitioner were held not proved. Consequently, on considering the explanation of the petitioner and the entire material on record, respondent No.3 issued proceedings dated 12.12.2014, reinstating the petitioner into service, duly treating his suspension period as eligible leave, and warned him to be careful in future. However, in spite of the same, without even putting the petitioner on notice, respondent No.1 issued impugned proceedings dated 27.01.2015, directing respondent No.2 to conduct a de-novo enquiry against the petitioner, on a flimsy ground that the text of the disciplinary proceedings is not in order and specific, which is nothing but illegal, arbitrary, unconstitutional and contrary to the Telangana Civil Services (Classification, Control and Appeal) Rules, 1991.

4. It is further submitted that the higher authority may exercise its power under Rule 18(2) of the CCA Rules, in a case, where, a lower authority imposes a penalty or exonerates a member of service, by superseding the order passed by the lower authority. However, the said Rule has no application to the present case, as respondent No.3 himself is the higher authority/competent authority in the case of the petitioner, who had issued the proceedings dated 12.12.2014, reinstating the petitioner and warning him to be careful in future. It is further submitted that the impugned proceedings dated 27.01.2015 were issued by respondent No.1 while the proceedings of respondent No.3 dated 12.12.2014 were still in force. Therefore, respondent No.1 has no power or authority to issue the present impugned proceedings, without the cancellation of proceedings dated 12.12.2014. As such, the present impugned proceedings are illegal and arbitrary, and therefore, it is prayed to allow the present writ petition, by setting aside the said proceedings dated 27.01.2015.

5. On the other hand, learned Government Pleader appearing on behalf of the respondents, submits that a Departmental Promotion Committee was convened on 18.12.2014 to undertake promotions to the post of Assistant Tribal Welfare Officer for the year 2014-15, wherein, two Hostel Welfare Officers Grade-I, from Zone-V, were