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State of Telangana - Section

Section 6 in Telangana (Regulation of Appointments To Public Services and Rationalisation of Staff Pattern And Pay Structure) Act, 1994

6. Penalties.

(1)Where any holder of an elective office or any officer or authority makes any appointment in contravention of the provisions of this Act,-
(a)it shall be deemed in the case of the holder of an elective office that he has abused his position or power and accordingly the competent authority shall initiate proceedings for his removal; and
(b)in the case of an officer or authority it shall be deemed that he is guilty of misconduct and the competent authority shall initiate action under the relevant disciplinary rules.
(2)In addition to taking action under sub-section (1) the pay and allowances paid to the person whose appointment is in contravention of the provisions of this Act shall be deemed to be an illegal payment and a loss to the Government or, as the case may be, to the concerned institution and the same shall be recoverable by surcharging the same under the [Telangana State Audit Act, 1989 (Act 9 of 1989)] [Adapted in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] against the person, officer or authority who makes such appointment in contravention of the provisions of this Act or where such surcharge is not possible under the said Act in accordance with such manner as may be prescribed including as arrears of land revenue.