HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 27597 OF 2017

O R D E R:

Petitioner questions the order dated 18.01.2017 of the 2^nd respondent – Managing Director of Telangana State Housing Corporation Limited, Hyderabad whereby and whereunder he was dismissed from service with immediate effect apart from ordering recovery of Rs.43,20,573/- for the irregularities committed by him in implementation of Indiramma Housing Programme at Basheerbad (M) of Ranga Reddy District. 2. The crisp case of petitioner is that he was issued charge memo dated 24.09.2010 by the District Collector alleging that he released payment of Rs.32,98,615/- to 152 beneficiaries towards old houses; released payment of Rs.27,66,123/- to 144 beneficiaries without grounding the construction of houses which is in violation of Rule 20(4) of APCS (CC&A) Rules, 1991 (for short, ‘the Rules’). In the Charge Memo, it has been stated that preliminary enquiry was conducted by M/s PRCS Agency, but however, copy of the Report was not furnished to him nor he was furnished with list of beneficiaries. In fact, it is alleged, Preliminary Enquiry was made behind his back and also without my knowledge. Therefore, he made a request on

30.10.2010 to furnish the said documents. In the meantime, he was suspended from service by Proceedings dated 28.04.2011 of the District Collector/ Executive Director on the ground that he had not submitted explanation. It is stated, petitioner was asked to attend the Enquiry on 24.05.2011 by Notice dated 20.05.2011, along with S/Sri N. Ganganna, Dy.EE (H), A. Mahipal Reddy, MIC, B. Sathriya, MIC and B. Sanjeeva Rao, AΕ. Petitioner was issued with Show Cause Memo dated 28.07.2010 directing him to show cause as to why disciplinary action should not be taken against him. In the said notice itself, the Managing Director appears to have come to the conclusion that he was guilty of the charges.

2.1 Be that as it may, without furnishing any of the documents as requested and without conducting enquiry, the Enquiry Officer informed that enquiry was completed. None of the beneficiaries were examined, nor the houses have been inspected in his presence and the same is against the principles of natural justice. Basing on such an Enquiry Report, the District Collector/Executive Director has called for the Explanation of petitioner on the findings of the Enquiry Officer by Memo dated 17.05.2012 for which, he submitted explanation on 04.06.2012 pointing out that houses were constructed during 2005-06 and it is not known when the Enquiry Officer inspected the houses and how he could come to the conclusion that these were old houses. It is also stated, he released the amounts to the beneficiaries directly as per the recommendation of the MHO (Mandal Housing Officer). The payments made to the beneficiaries are exactly as per the Field Verification Report submitted by the Mandal Housing Officer. As per the instructions issued by the Government, the procedure to be followed is that petitioner had to pass only on the Verification Report given by the Mandal Housing Officer which exactly he had done. According to petitioner, without considering his explanation in its proper perspective, he was imposed with major punishment of dismissal from service with immediate effect apart from recovery of Rs. 43,20,573/-by Proceedings dated 18.01.2017, impugned in this Writ Petition, of the Managing Director of the Corporation. It is not known how the above amount of Rs.43,20,573/- had been arrived at by the Enquiry Officer.

3. By order dated 18.08.2017, this Court, while issuing notice before admission, granted interim stay of initiation of proceedings for recovery of the amount under ROR Act, for a period of six weeks. Subsequently, the said order was extended from time to time.

4. The 2^nd respondent filed counter stating that petitioner as Assistant Engineer while working at Basheerabad Village and Mandal, misappropriated Housing funds by releasing payments to old houses/ho