V.Doodya vs The State Of Telangana And 3 Others
2022 Latest Caselaw 4757 Tel

      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

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

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

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

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

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

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

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