Telangana State Civil Supplies ... vs Y. Narasimha Rao
2021 Latest Caselaw 3327 Tel

     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

1990 Law Suit (SC) 508

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