Telangana High Court
K. Veena vs State Of Telangana on 14 September, 2022
Author: P. Madhavi Devi
Bench: P. Madhavi Devi
THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
WRIT PETITION NO.33993 OF 2022
ORDER
This Writ Petition has been filed seeking a Writ of Mandamus to declare the inaction of the respondents in finalising the disciplinary proceedings pursuant to the Charge Memo dt.09.02.2016 and in not upgrading the petitioner from the post of Superintendent to Superintendent Grade-I with effect from 19.05.2014 and also in not granting consequential promotion as Additional Assistant Commissioner of Land Administration notionally on par with his juniors on the ground of pendency of disciplinary proceedings, as illegal and arbitrary.
2. Learned counsel for the petitioner, Sri Bharat Shah, submits that a Charge Memo was issued to the petitioner while he was working as Superintendent on 28.09.2015 and after enquiry, the enquiry officer has held that the charges are not proved against the petitioner. It is submitted that thereafter, instead of exonerating the petitioner and dropping the charges, no action has been taken by the Department and the petitioner's case for up-gradation to Superintendent Grade-I has also not been considered. The petitioner's contention is that the petitioner's juniors W.P.No.33993 of 2022 2 also have been promoted subsequently as Additional Assistant Commissioners of Land Administration and hence, the petitioner has suffered grave injustice by the inaction of the respondents. It is submitted that in spite of the Enquiry Officer holding that the charges are not proved against the petitioner, not taking any action thereafter and not considering the petitioner for promotion is illegal and arbitrary.
3. Learned Government Pleader for Services-II, on oral instructions, submitted that the report of the enquiry officer has been forwarded to the Government and a decision thereon is awaited.
4. Having regard to the above submissions, it is deemed fit and proper to direct respondents 1 and 2 to take a decision about the disciplinary proceedings against the petitioner on the basis of the enquiry report within a period of three (3) weeks from the date of receipt of a copy of this order and thereafter, respondent No.2 shall consider the case of the petitioner for up-gradation as Superintendent Grade-I with effect from 19.05.2014 and subsequent promotion as Additional Assistant Commissioner of Land Administration on par with the juniors of the petitioner and grant all consequential benefits to the petitioner.
5. This Writ Petition is accordingly allowed. No order as to costs. W.P.No.33993 of 2022 3
6. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.
___________________________ JUSTICE P. MADHAVI DEVI Date: 14.09.2022 Note: Issue C.C. in ten (10) days.
B/o Svv