HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.14786 OF 2023

ORDER:

Heard Sri B.Kiran Kumar, learned counsel appearing on behalf of the petitioner and learned Government Pleader for Services-I I appearing on behalf of the respondents.

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

“…to issue any Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Proceedings No.763/2013-B3 (pts), dt 03.05.2023 and Proceedings No.355/CPT&RE/B2/2014, dt 6.12.2016 issued by the 3^rd & 2^nd Respondent subjecting the Petitioner to criminal prosecution and terminating him from service by relying upon an unknown fake certificate while ignoring Petitioners Degree Certificate issued by Dr. B. R. Amberkar Open University as illegal, unjust, arbitrary, discriminative volatile of Principles of natural justice and also volative of Articles 14, 16 & 21 of the Constitution of India and consequentially set aside the Proceedings No.763/2013-B3 (pts), dt 03.05.2023 and Proceedings No. 355/CPT& RE/B2/2014, dt 6.12.2016 by directing the Respondents to regularize the Petitioners service with all consequential benefits and pass…”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

It is specific case of the petitioner that relying upon an unknown fake certificate totally ignoring the petitioner’s degree certificate issued by the Dr.B.R. Ambedkar Open University, the impugned proceedings Proc.No.763/2013-B3(Pts.), dated 03.05.2023 had been issued by the District Collector (Pt.Wing), Nalgonda terminating the petitioner from service and further subjecting the petitioner to criminal prosecution unilaterally without even considering the explanation, dated 23.01.2023 furnished by the petitioner in response to the show-cause notice, dated 13.01.2023 issued to the petitioner. Aggrieved by the action of the same, the present Writ Petition has been filed.

4. PERUSED THE RECORD.

A. The order impugned, Proc.No.763/ 2013-B3(Pts.), dated 03.05.2023 passed by the District Collector (Pt.Wing), Nalgonda is extracted hereunder:-

In the reference read above, the Hon'ble High Court at Hyderabad has communicated a copy of the orders passed in W.P. No. 30604 of 2021 dated 20-09-2022, and the orders is as follows ORDERS "In view thereof, this court deems it fit and proper to direct the petitioner to discharge duties of Panchayat Secretary. The respondents are however at liberty to initiate action against the petitioner, if they choose to. Till any action is initiated and a decision is taken by respondents no coercive action shat be taken against the petitioner. The petitioner is also at liberty to mate a fresh representation to the respondents to consider his case for regulairsation on the basis of Dr. B.R Ambedkar Open University certificate issued in his favour and on submission of such representation, the respondents are directed to pass appropriate orders thereon within a period of four weeks therefrom.

In this view of the matter, the Writ Petition is accordingly disposed of. No order as to casts.

Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed"

In this regard, it is informed that, Sri V. Doodya Naik initially appointed as Panchayat Secretary, Grade IV on contract basis from open market under State and Subordinate Service Rules on the conditions mentioned on consolidated remuneration of Rs. 2000/- per month without any other allowances or monetary benefits for a period of one year and allotted to Gram Panchayat, Chamalapally of Nampally Mandal vide Proc. No. 460/2006-A1(Pts), dated 29-12-2006 of the District Collector (P.t.Wing), Nalgonda.

In the meanwhile, the Mandal Parishad Development Officer, Nampally vide lr. No. 382/2015-16, dated 08-01- 2016 & 19-02-2016 has forwarded the Degree (B.Sc.) pass Certificate from Osmania University with Roll No. 321-02- 02102 submitted by Sri V. Doodya