Telangana High Court
Daniel vs The State Of Telangana And 4 Others on 11 February, 2025
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.11875 OF 2021
ORDER:
This Writ Petition is filed under Article 226 of Constitution of
India seeking the following relief:
"...to issue a writ, order or direction more particularly one in the
nature of Writ of MANDAMUS to declare the action of the respondent in
not considering the claim of the petitioner for treating the suspension
period from 16.06.1999 to 13.06.2002 "as on duty" in view of acquittal
in Criminal Case No.155/1999 dated 18.07.2002 by the Hon'ble
Judicial First Class Magistrate, Banswada and dropping of
disciplinary proceedings is illegal, arbitrary and unconstitutional and
consequently direct the respondents to treat the suspension period as
on duty from 16.06.1999 to 13.06.2002 in view of acquittal in Criminal
Case No.155/1999 dated 18.07.2002 by the Hon'ble Judicial First
Class Magistrate, Banswada and dropping of disciplinary proceedings
with all consequential benefits which includes arrears of pay and
pension and to pass..."
2. Heard Sri Ajay Kumar Nerella, learned counsel for the
petitioner and learned Government Pleader for Services-III for the
respondents.
3. Learned counsel for the petitioner submits that the petitioner
is working as Watchmen, he was suspended from duty w.e.f.
16.06.1999 in connection with news items published in Vaartha
news paper. Subsequently, a criminal case was also registered
against the petitioner vide C.C.No.155 of 1999 on the file of learned
Judicial First Class Magistrate, Banswada. However, the petitioner
was reinstated into duty on 13.06.2002 and the learned trial Court
has also acquitted the petitioner from the criminal case vide
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judgment, dated 18.07.2002. Therefore, the petitioner has made a
representation before the respondents on 25.10.2017 requesting
for treating the suspension period i.e., from 19.06.1999 to
13.06.2002 as on duty. However, no action has been taken by the
respondents so far. Hence, learned counsel prays this Court to
permit the petitioner to make fresh representation before the
respondents redressing his grievance and the respondents may be
directed to consider the same and pass appropriate orders, within
a stipulated period of time.
4. Learned Government Pleader for the respondents, while
admitting the fact that the petitioner was acquitted from the
criminal case vide judgment, dated 18.07.2002, fairly submits that
on receipt of representation from the petitioner, the respondents
will consider the same and pass appropriate orders, in accordance
with law.
5. Having regard to the submissions made by learned counsel
for the respective parties and without going into the merits of the
case, this Writ Petition is disposed of permitting the petitioner to
make fresh representation before the respondents redressing his
grievance within a period of ten (10) days from the date of receipt of
a copy of this order. Upon receipt of such representation, the
respondents are directed to consider the same and pass
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appropriate orders, strictly in accordance with law, as
expeditiously as possible, preferably within a period of four (4)
weeks therefrom and communicate a copy thereof to the petitioner.
Miscellaneous petitions pending, if any, shall stand closed.
There shall be no order as to costs.
____________________
PULLA KARTHIK, J
Date : 11.02.2025.
tmk
