IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN WRIT PETITION Nos.11587 of 2013 and 24960 of 2012 DATE: 12.02.2026 Writ Petition No.11587 of 2013 Between:

Sri M.V. Ramanaiah …Petitioner AND Union of India and 3 others …Respondents Writ Petition No.24960 of 2012 Between:

Union of India and another …Petitioners AND Sri M.V. Ramanaiah and 2 others …Respondents

COMMON ORDER

Since the issues that arise in the above writ petitions are integrally one and the same, the writ petitions are being disposed of by this Common Order.

2. W.P.No.11587 of 2013, is filed by Sri M.V.Ramanaiah under Article 226 of the Constitution of India, aggrieved by the order of the Central Administrative Tribunal (CAT) dated 30.01.2012 in O.A.No.1036 of 2009, with the following prayer hereunder:

to issue a Writ, order, or direction more particularly one in the nature of Certiorari by calling for the order dated 30.01.2012 in O.A No 1036 of 2009 on the file of the Central Administrative Tribunal, Hyderabad bench and declare the finding given to the effect that the period for which the petitioner was out of job has to be treated as dies non, as illegal, unconstitutional and unjust and accordingly to set aside the said portion of the order with a direction to the respondents to provide all consequential benefits including salary and all the allowances to the petitioner covering the period from 16.06.2009 till the date of the order in O.A No 1036 of 2009 including counting of service and other consequential benefits and based on the order of allowing the said O.A to the extent of taking back the petitioner to the service and pass such other order or orders as this Hon'ble deem fit and proper in the circumstances of the case.

3. W.P.No.24960 of 2012, is filed by the Union of India and the Central Bureau of Investigation (CBI) under Article 226 of the Constitution of India, challenging the same order of the Central Administrative Tribunal (CAT) dated 30.01.2012 in O.A.No.1036 of 2009, with the following prayer hereunder:

to issue a writ, order or direction more particularly one in the nature of writ of certiorari calling for records relating to an connected with the order dated 30.01.2012 in Ο.Α.Νο. 1036/2009 passed by the Learned Central Administrative Tribunal, Hyderabad Bench, Hyderabad and declare the said order as arbitrary, illegal and contrary to the material on record and to quash / set aside the same and to pass such other order or orders which are deemed fit and proper in the circumstances of the case.

4. The writ petitioner in W.P.No.11587 of 2013 and respondent No.1 in W.P.No.24960 of 2012 is one and the same.

5. The writ petitioners in W.P.No.24960 of 2012 and respondent Nos.1 and 2 in W.P.No.11587 of 2013 are one and the same.

6. Heard Sri Srinivas Kapatia, learned Special Public Prosecutor for CBI appearing for petitioner No.2 in W.P.No.24960 of 2012 and respondent No.2 in W.P.No.11587 of 2013; Sri K.R.K.V. Prasad, learned counsel appearing for petitioner in W.P.No.11587 of 2013 and respondent No.1 in W.P.No.24960 of 2012 and Sri Ajay Kumar Kulkarni, learned counsel appearing for respondent No.3 in both the writ petitions and perused the record.

Factual Matrix (in brief)

7. The 1st respondent in W.P.No.24960 of 2012 / petitioner in W.P.No.11587 of 2013, Sri M.V. Ramanaiah (hereinafter referred to for brevity as ‘the delinquent officer’), entered into service as an Assistant Public Prosecutor in the CBI in the year

1993 and was promoted as Public Prosecutor in the year 1998.

8. While he was posted at Guwahati, a charge memorandum dated 22.01.2001 came to be issued to him under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short ‘1965 Rules’), alleging, inter alia, that he had unauthorisedly communicated confidential official documents to one S.Papa Rao, an accused in a CBI case; supplied his personal documents to t