D. Vasanth Rao v. The State Of Telangana And 4 Others

[ 3301 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD . (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO: 8435 OF 2021 Between:

i S/o D. Narsimulu, Aged about 43 years, Occ. Naib Tahsildar working in the office of the District Civr'l Supplies, Nizamabad D. Vasanth Rao, (Enft.) Presently District.

PETITIONER AND The State of Tel Rep. by its Chief Secretary, B.R.K.R. Bhavan, Tank angana, 1.

Bund, Telangana Secretariat, Hyderabad, The State_of Telangana, Rep. by its Principal Secretary, Revenue Department at B.R-K.R. Bhavan, Tank Bund, Telangana Secretariat, Hyderabad. '

2.

The Chief Commissioner of Land Administration, Hyderabad. The District Collector, Nizamabad at Niazmabad. The District Collector, Kamareddy District At Kamareddy, Telangana State. Petition under Artlcle 226 of the Constitution of tndia orrriff:[:i?rtll: t circumstances stated inl the affidavit filed therewith, the High Court may be a pleased to issue an appttpriate writ, order or direction more particularly one in the nature of Writ of Mandalnus declare the issuance of the order daled 221O3t2O21 CCLAs Ref.No.VSlll(1y13/2021 issued by the 1st respondent rejecting the appeal on the ground that there i" , O"try of 874 days and also limitation petition nor filed is arbitrary, illegal and in violation of law and consequently direct the respondents including the petitioner for the post of Naib Tahsildar for the 201 7-18 without reference to the disciplinary case lA NO: 1 OF 2021 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 stay

all further proceedings in the order dated 2210312021 CCLAs Ref.No.VSlll(1)11312021 issued by the 1st respondent rejecting the appeal on the ground that there is a delay of 874 days, pending disposal of the main writ petition Counsel for the Petitioner: SRI D. V. SHRIKANT Counsel for Respondent No. 1: GP FOR SERVICES lll Counsel for Respondent Nos. 2 to 5: GP FOR SERVICES ll The Court made the following: ORDER

1,, THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PEf,ITION No.8435 of 2O2t ORDER:

This Writ Petition is filed seeking the following relief: " . ..to issue an appropiate uit, order or dtrection more particularlg one in the nature of Writ of Mandamus declare tlre issuance of the order, dated 22/ os/2021 CCLAs' Ref No.VSil\l)/ 13/ 2O21 issued bg the l't respondent rejecting the appeal on the ground that there is a delag of 874 days and also limitation petition nor filed is arbitrary, illegal and in uiolation of la uL and consequentlg direct the respondents including the petitioner for the post of Naib Tahsildar for tle 2017-18 uithout reference to the disciplinary case and to pass.. .'

2.

Heard Sri D.V.Srikanth, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Services - III appearing on behalf of respondent No.l and Iearned Government Pleader for Services - II appearing on behalf of respondents No.2 to 5. Perused the record. 3.

Learned counsel for the petitioners submits that the petitioner was imposed with the punishment of stoppage of one annual grade increment without cumulative effect on 2a.O9.2}la by the Disciplinary Authority - the Collector, Kamareddy, uide proceeding No.A3/686/2OI5-2, dated cF:E*ffi #r=qf Li't:'1q1Yt;itlilri

2a.O9.2ola on the ground that during the period of consideration in the panel year 2OIZ_lg (the period of currency of panel begins from 1"t September of the said year to 31"t August of the subsequent year) for the post of Naib Tahsildar, the petitioner was not under the currency of punishment and when the panel for the post of Naib Tahsildar is being considered, the punishment of stoppage of one annual grade increment without cumulative effect does not exist for the punishment for the Incremental period falling in the month of November, 2OlB. Further, challenging the punishment order, dated 2a.Og.2OIg, the petitioner has filed an appeal before the Appellate Authority with a prayer to condone the delay of 874 days and to set aside the punishment order, dated 2g.Og.2OIg.

Further, this Court has directed the Appellate Authority to consider the appeal preferred by the petitioner along with delay applic ation uid.e order, dated O3.O2.2O21. In compliance of the order, dated O3.O2.2O2I, the Appellate Authority has passed an order and rejected the appeal on the ground of delay. Aggrieved by the same, the petitioner liled the present Writ petition.

4.

Learned Government Pleader for Services - III submitted that as per the directions of this Court, dated O3.O2.2O21, respondent No.l has considered the appeal and rejected the , same on the ground that there are no valid reasons for delay of 874 days in filing the appeal and that the punishment of stoppage of one annual grade increment without cumulative effect was also ended on 29.09.2019. Therefore, there are no grounds to consider any of the reliefs prayed for by the petitioner. Hence, prayed this Court to dismiss the Writ Petition.

5.

In view of the submissions made by the respective parties, this Court is of the considered opinion that the petitioner has miserably failed to explain proper reason for delay of 874 days in filing the appeal. Therefore, this Court finds no merits in the present Writ Petition. Hence, the Writ Petition is liable to be dismissed.

6.

Accordingly, this Writ Petition is dismissed. There is no order as to costs

Miscellaneous petitions pending, if any, shall stand closed.

SD/- V.HARI PRAS ASSISTANT REGIS //TRUE COPY// SECTION O ICER To, 1.

2.

One CC to Sri D Two CCs to GP louTI Two CCs to GP IOUT Two CD Copies -vLnriunt Advocare [opUCl For Services - ll, High'Court for the Fot Services - lll, High Court for the State of Telangana.

3.

State of Telangana.

4.

MBC GJ II

i HIGH COURT i t i t i DATED: 2911212023 II

ORDER

l WP.No.8435 of 2021 1H E Sra,,*"t ( I7 ilTB roM '{) * + DISMISSING THE WRIT PETITION WITHOUT COSTS L\ Cr?i Gd-