THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
WRIT PETITION NO.30604 OF 2021
ORDER
This Writ Petition has been filed seeking a Writ of Mandamus declaring the Proceedings No.355/CPT&RE/B2/2014 dt.06.12.2016 and 31.05.2018 issued by the 2nd respondent subjecting the petitioner to criminal prosecution and restraining him from discharging his duties as Panchayat Secretary by relying upon an unknown fake certificate, and ignoring the petitioner's degree certificate issued by Dr. B.R.Ambedkar Open University, as illegal, unjust, arbitrary, discriminatory and unconstitutional and consequently to set aside the proceedings dt.06.12.2016 and 31.05.2018 and to direct the respondents to regularise the services of the petitioner with all consequential benefits.
2. Brief facts leading to the filing of the present Writ Petition are that the petitioner had participated in the recruitment process initiated by the respondents in the year 2006 and was appointed as Panchayat Secretary Category-II, on contract basis on 29.05.2006. It is submitted that at the time of joining the service, the petitioner had completed Intermediate. It is submitted that in the year 2013, the Government W.P.No.30604 of 2021 2 issued G.O.Ms.No.379 for regularising the services of Panchayat Secretaries who were holding degree qualification. Since the petitioner was holding only Intermediate qualification, he along with similarly situated persons approached the Tribunal and filed O.A.No.8207 of 2013 and the Tribunal, vide orders dt.13.02.2014, permitted the petitioner and others to continue in service with a condition to obtain degree certificate within a period of 5 years thereafter. The petitioner submits that he has completed his graduation from Dr. B.R. Ambedkar Open University and approached the respondents to regularise his services by way of a representation in January, 2016. It is submitted that on 18.03.2015, the Deputy Commissioner, Panchayat Raj and Rural development in proceedings vide Memo No.355/CPR&RE/B2/2014 required the details of the contract Panchayat Secretaries who were working with Intermediate qualification and on 02.04.2015, the District Panchayat Officer, Nalgonda by letter bearing Roc.No.763/2013.B1 submitted that the petitioner and another person were working in the District and that they had not acquired degree till that date. It is submitted that again on 12.04.2016, the 2nd respondent directed the 4th respondent to furnish proposals for regularisation of services of W.P.No.30604 of 2021 3 Panchayat Secretaries appointed on contract basis and the 4th respondent without sending the petitioner's Ambedkar University Certificate, forwarded some unknown certificate recommending the case of the petitioner for regularisation based on such unknown certificate. It is submitted that the 1st respondent, entertaining certain doubts about the veracity of the certificate, directed verification of the genuineness of the said certificate. It is submitted that the petitioner had after completion of graduation submitted a representation requesting the respondents to consider his case for regularisation and the 4th respondent forwarded all the original certificates to the 1st and the 2nd respondents for necessary action. It is submitted that meanwhile, the certificate of graduation said to have been issued by the Osmania University has been held to be a fake certificate and though the petitioner submitted graduation certificate from Dr. B.R.Ambedkar Open University, the same was not considered. The petitioner had filed W.P.No.9668 of 2018 against non- consideration of his case for regularisation and the said Writ Petition was disposed of by directing the respondents to consider the representation of the petitioner. Thereafter, the respondents initiated criminal proceedings against the petitioner for submitting fake W.P.No.30604 of 2021 4 certificate and the representation of the petitioner was rejected, against which W.P.No.2923 of 2019 was filed, but on the promise of the respondents that his services would be regularised after withdrawal of the Writ Petition, the petitioner had withdrawn it. However, the case of the petitioner was not considered and therefore, the present Writ Petition is filed.
3. Learned counsel for the petitioner, Sri B. Kiran Kumar, submits that the petitioner was qualified for the post of Panchayat Secretary at the time of his recruitment having passed the Intermediate qualification and it was only thereafter, that the requirement of holding a degree certificate was mandated and the Tribunal had granted 5 years time to the petitioner and others to get degree certificate. He submits that thereafter, the petitioner had completed his degree from Dr. B.R. Ambedkar Open University and had accordingly submitted his certificate for consideration, but without verifying the same, the respondents have verified fake certificate which was not submitted by the petitioner and have initiated action against the petitioner and are not permitting the petitioner to discharge his duties as Panchayat Secretary W.P.No.30604 of 2021 5 and are not paying salary to the petitioner. He submits that the respondents should be directed to consider the degree certificate obtained by him from Dr. B.R. Ambedkar Open University and consider his case for regularisation. He also placed reliance upon the judgment of this Court in W.P.No.1225 of 2007 dt.23.11.2018, wherein this Court had directed the respondents therein to examine the case of the petitioner therein as to whether the qualification, for which the petitioner is alleged to have produced a fake certificate, is relevant qualification for the purpose of securing employment. It is submitted that since the Intermediate was the qualification required for securing employment, the submission of fake certificate allegedly by him, even if it is presumed to be submitted by the petitioner, is irrelevant and the case of the petitioner should be considered favourably.
4. The respondents have filed a counter affidavit. The learned Government Pleader for Services-II while relying upon the averments in the counter affidavit submitted that the petitioner has failed to prove his integrity by submitting a fake certificate of graduation from Osmania W.P.No.30604 of 2021 6 university. In view thereof, the petitioner cannot be permitted to continue in service.
5. As regards the query raised by this Court as to the disciplinary action, if any, taken by the Department against the petitioner for the alleged submission of the fake certificate other than filing a criminal case, the learned Government Pleader submitted that the petitioner himself is absconding and therefore is not attending to the duty and it is not the case of the respondents restraining the petitioner from discharging his duties. Learned Government Pleader therefore submits that the case of the petitioner deserves no sympathy.
6. Having regard to the rival contentions and the material on record, it is observed that the petitioner has been appointed in the year 2006 on contract basis and has been continuing as such in service. At the time of appointment, the required qualification was Intermediate. When the respondents required that the candidates should possess degree certificate for continuing in service, the petitioner and others approached the Tribunal and the Tribunal has relaxed the said condition by permitting the petitioner and others to complete the graduation within a W.P.No.30604 of 2021 7 period of 5 years thereafter. It is submitted by the respondents that when the case of the petitioner was being considered for regularisation, he was required to submit relevant documents and the petitioner had submitted a document from Osmania University and when it was verified, it was found to be a fake document. Therefore, the integrity of the petitioner is not found to be unquestionable and therefore, a criminal case has already been lodged against the petitioner. However, it is noticed that the respondents have not initiated any disciplinary action against the petitioner and without issuing any notice or without issuing any charge memo to the petitioner, no action could have been taken restraining the petitioner from discharging his duties.
7. In view thereof, this Court deems it fit and proper to direct the respondents to permit the petitioner to discharge the 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 the respondents, no coercive action shall be taken against the petitioner. The petitioner is also at liberty to make a fresh representation to the respondents to consider his case for regularisation W.P.No.30604 of 2021 8 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.
8. In this view of the matter, the Writ Petition is accordingly disposed of. No order as to costs.
9. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.
___________________________ JUSTICE P. MADHAVI DEVI Date: 20.09.2022 Svv