THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
W.A.No.28 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
25.11.2020
passed in W.P.No.8879 of 2018.
The learned Single Judge has allowed the writ petition on the ground that no enquiry was conducted and the punishment imposed, which is stoppage of three increments with cumulative effect, is a major punishment and therefore, in the light of the judgment delivered by the Hon'ble Supreme Court in the case of Kulwant Singh Gill vs. State of Punjab1, the order of punishment is bad in law.
The stand of the Telangana State Civil Supplies Corporation is that a detailed and exhaustive enquiry was conducted in the matter. The enquiry officer did submit a detailed and exhaustive report and thereafter, the disciplinary authority has inflicted the punishment of stoppage of three increments with cumulative effect.
In the considered opinion of this court, once a detailed enquiry was conducted in the matter, the matter was to be decided on merits and not in the light of the judgment in the case of Kulwant Singh Gill (1 supra).
Resultantly, the order passed by the learned Single Judge is hereby set aside. The matter is remanded back to the learned Single Judge to decide it on merits. The learned Single Judge is 1 1990 Law Suit (SC) 508 2 requested to decide the matter on merits. The parties will appear before the learned Single Judge on 21.12.2021.
With the aforesaid, the writ appeal stands disposed of. The miscellaneous applications pending in this writ appeal, if any, shall stand closed.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 09.11.2021 JSU