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.
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.
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.
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
