Telangana High Court
Vedula Kalidas vs The State Of Telangana on 5 November, 2024
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.29349 OF 2024
ORDER:
With the consent of both parties, the Writ Petition is disposed of at the stage of admission itself.
2. This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
"...to issue any appropriate Writ, Order or direction more particularly one in the nature of Writ of mandamus and to declare the action of the respondents are not concluding the disciplinary proceedings against the petitioner though the petitioner was submitted his explanation on 04.04.2023 to the charges issued by the 3rd respondent on 22.12.2022 and till date except appointing the Enquiry Officer on 27.03.2023 even after lapse of 1 ½ year, it is clearly in violation of the settled law by the Hon'ble Apex Court in Judgment of Ajay Kumar Choudhary v Union of India (2015) 7 SCC 291, as well as G.O.Ms.No.679, GA (Ser-c) Dept., dt. 01.11.2008, the said action of the respondents is highly illegal, arbitrary, unreasonable, discriminatory and also in violation of Art 14, 16 and 21 of constitution of India and declaring the same in bad in law and consequently direct the respondents to conclude the disciplinary proceedings against the petitioner though the petitioner was submitted his explanation on 04.04.2023 to the charges issued by the 3rd respondent on 22.12.2022 and till date except appointing the Enquiry Officer on 27.03.2023 even after lapse of 1 ½ year and by following the Hon'ble Apex Court in Judgment of Ajay Kumar Choudhary v Union of India (2015) 7 SCC 291 and as well as in G.O. Ms.No.679, GA (Ser-c) Dept dt.01.11.2008..."
3. Heard learned counsel for the petitioner, learned Government Pleader for Services-I, appearing for respondent Nos.1 to 3 and Smt. P.K.Kalyani, learned Standing Counsel appearing for respondent No.4. 2
4. Learned counsel appearing for the petitioner submits that while the petitioner was working as Auditor/Superintendent in respondent No.2 - school, respondent No.3 issued charge memo vide Rc.No.0791/B2/2022, dated 22.12.2022 against him, for which he has submitted explanation on 04.04.2023 denying the charges. Learned counsel further submits that without considering the said explanation, though an Enquiry Officer was appointed on 27.03.2023, so far the enquiry is not yet concluded. He further submits that in terms of G.O.Ms.No.679, General Administration (Services- C) Department, dated 01.11.2008, in case of minor charges, the enquiry shall be completed within a period of three (3) months and in case of major charges, the enquiry shall be completed within a period of six (6) months. In the present case though 1 ½ year elapsed, till date the respondents have not choosen to conclude the disciplinary proceedings initiated against the petitioner and hence, he prayed this Court to issue a direction to the respondents to conclude the enquiry within a stipulated time. 3
5. Learned Government Pleader, on instructions, submits that the petitioner has submitted his defence statement on 04.04.2023 i.e., after four months from the date of issuance of charge memo. Since the explanation submitted by the petitioner is not satisfied, an Enquiry Officer was appointed on 27.03.2024. He further submits that despite repeated reminders, the petitioner failed to appear before the Enquiry Officer, the enquiry could not be completed in time.
6. Having regard to the submissions made by learned counsel for respective parties, this Court is of the considered opinion that it is appropriate to direct respondent No.3 to conclude the disciplinary proceedings pending against the petitioner. It is made clear that the petitioner shall cooperate with the Enquiry Officer in conclusion of the enquiry. The aforesaid exercise shall be completed, as expeditiously as possible, preferably within a period of four (4) months from the date of receipt of a copy of this order.
4
7. With the direction, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions if any, pending in this Writ Petition shall stand closed.
_______________________________ JUSTICE PULLA KARTHIK Date: 05.11.2024 Note:
Issue C.C by 08.11.2024 (B/o) YVL