P. Saritha v. The State Of Telangana

[3302 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY,THE SIXTH DAY OF FEI]I{UARY TWO THOUSAND AND TWENTY THREE PRESENT THE IIONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 2731 OF 2023 Between:

P. Saritha" Wo. Late P. Surender Rao, Occ: Prohibition and Excise Inspector, Industries, Jeedimetla" Working in the Office of Assistant Commissioner, Distellory Office in Hyderabad-500001 ...PETITIONER ANI)

1. The State ofTelangana, rep by its Principal Secretary, Revenue (Excise) Secretariat, Hyderabad, Telangana state.

2. The Commissioner of Prohibition and Excise, State of Telangana" Nampally, Hyderabad.

3. The Tribunal for Disciplinary Proceedings, (TDP), for the State of Telangana rep by its Secretary, Nampally, Hyderabad ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit frled therewith, the High Court may be pleased to issue a Writ Order or direction more particularly one in the nature ol Writ of Mandamus declare the action of the respondents in not concluding the long pending disciplinary charge vide Tribunal Enquiry Case No. 251 of2013, dated: 09.08.2018 issued by the 3rd respondent, which related period from 08.09.2011 in terms of G.O.Ms.No. 679 GA (Ser.

C) Department, dated: 0l-l l-2008, as illegal, arbitrary and in violation of existing specific instructions of the Government, and accordingly set aside the same, consequently direct the 1't respondent to conclude the disciplinary proceedings in terms of G.O.Ms.No. 679 GA (SER.C) Department, dated: 0l-11-2008, and on the same analogy of orders passed in WP No. 14567 of 2019 dated- 25-09-2019 which confomrered in W.A.No. 456 of 2021 and batch dated- 16-09-2021 which was passed by the Hon'ble A.P. High Court and this court also passed orders in W.P.No. 32300 of 2022 d,ated- 22.08.2022, W.P. No. 32464 of 2022 dated: 18.08.2022 and W.P.No. 15192 ot 202O Dl 03.12.2020 complete the enquiry within time period and failing which set side the charge memo by the A.P. High Court and this Hon'ble High Court also passed orders in WP No.

32464 of 2022 dated: 18.08.2022 and W.P.No. 32300 of 2022 Dt: 22.08.2022 and W.P.No. 15192 of 2020, Dt. 03 .12.2020:' IA NO: I OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the charge vide Tribunal Enquiry Case No. 251 of 2013, dated- 09.08.2018 issued by the 3rd respondent Counsel for the Petitioner : SRI.

THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No. 2731 of 2023 ORDER:

This Writ Petition has been filed seeking a Writ ol mandamus to declare the action of the respondents in not concluding the long pending disciplinary charge uide Tribunal Enquiry Case No.251 of 2013, dated 09.08.2018 issued by the respondent No.3, which related period from O8.09.2011 in terms of G.O.Ms.No.679 GA (Ser.C) Department, dated 01. 1 1 .2008, as illegal and arbitrary.

2. The brief facts leading to filing of the present writ petition are that while the petitioner was working as Prohibition and Excise Inspector, at Mancheryala, a charge memo in Tribunal Enquiry Case No.25l of 2013 was issued. It is submitted that in spite of lapse of more than 7 years, disciplinary proceedings have not been concluded and therefore, petitioner 1S facing severe hardship.

Therefore, this writ petition is fiIed seeking directions to

respondent No.3 i.e., the Tribunal to conclude the proceedings within the time framed fixed in G.O.Ms.No.679, dated O1.11.2008. He also places reliance upon the orders of this Court in W.P.No.14567 of 2019, dated 25.O9.2019 and in W.A.No.456 of 2021. and batch, dated i6.09.2021, W.P.No.323OO of 2022 dated 22.08.2022, W.P.No.32464 of 2022 dated 1A.O8.2O22 and W.P.No.l5l92 of 202O dated 03.12.2020.

3.

Learned Government Pleader for Services-Ill appearing for the respondents, submitted that the Tribunal i.e., respondent No.3 is not functioning at present and there is only AI incharge member and therefore, disciplinary proceedings against the petitioner cou-ld not be concluded within time.

4.

Having regard to the fact that there is an incharge member in the Tribunal i.e., respondent No.3, this Court deems it fit and proper to direct the respondent No.3 to conclude the disciplinar5r proceedings against the petitioner 'withrin the period of six (6) months from the date of receipt

of a copy of this order. If the proceedings cannot be concluded by any reason within a period of six (6) months, the respondents No. I and 2 are directed to take a decision on disciplinary proceedings in accordance with law, or otherwise, the disciplinary proceedings sha1l be deemed to have been disposed.

5. The writ petition is accordingly disposed of. There shall be no order as to costs.

6. Miscellaneous applications, if any pending, shall also stand closed.

SD/. MOHD. SANAULLAH ANSARI ASSISTANT REGISTRAR //TRUE COPYII SECTION OFFICER To, 1 . The Principal Secretary, Revenue (Excise) Secretariat, State of Telangan4 Hyderabad.

2. The Commissioner of Prohibition and Excise, State of Telangan4 Nampally, Hyderabad.

3. The Secretary, Tribunal for Disciplinary Proceedings, (TDP), for the State of Telangana Nampally, Hyderabad

4. One CC to SRI. R SATYANARAYANA MURTHY, Advocate tOpUCl

5. Two CCs to GP FOR SERVICES III ,High Court for the State of Telangana, Hyderabad. [OUT]

6. Two CD Copies

HI(;H (',Otjt{f SK.I DATED:06/02/2023 ise gi c oo 2 4 FtB 2023

ORDER

WI'.No.2731 of 2023 WRIT PBTITION IS DISPOSED OF WITHOUT COSTS