V Doodya v. The State Of Tg

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.9668 OF 2018 ORDER:

The case of the petitioner is that he was appointed as Panchayat Secretary on Contract basis vide proceedings No.480/06-A1 (Pts), dated 29.12.2006 issued by the 3rd respondent as per G.O.Ms.No.223, dated 26.05.2006 Panchayat and Rural Development Department. As per the orders of the Tribunal in OA.No.9374 of 2013, the petitioner has completed his graduation from Dr.B.R.Ambedkar Open University in the year 2016, with Certificate Number 177838 and Hall Ticket Number 0100867372, and the petitioner has submitted his graduation qualification certificate for verification and to regularize his services as per the order of the Tribunal. But, the 2nd respondent issued impugned Memo dated 06.12.2016 directing the 3rd respondent to initiate criminal proceedings against the petitioner for production of fake certificate of graduation, as informed by the Controller of Examinations, Osmania University. But, in fact, the petitioner has completed his graduation from Dr.B.R.Ambedkar Open University.

As such, the petitioner also submitted representation to the 2nd respondent on 03.03.2018 to send his graduation certificate to Dr.B.R.Ambedkar Open University for verification enclosing the copy of the certificate. As no orders are passed, present writ petition is filed.

Heard learned counsel for the petitioner who submits that after filing of writ petition, respondents have initiated criminal proceedings vide FIR No.55/2018.

Though written instructions are filed and reiterated by the learned Government Pleader, the assertion made by the petitioner that when he pursued his graduation from Dr.B.R.Ambedkar Open University, how the respondents have sent his certificate to Osmania University, is not answered by the respondents, which goes to show that the respondents have not applied their mind before issuing impugned Memo No.355/CPR&RE/B2/2014, dated 06.12.2016.

In view of the same, the 2nd respondent is directed to consider the representation of the petitioner dated 03.03.2018, within a period of two weeks from the date of receipt of a copy of this order and take action accordingly. Till such time, the impugned Memo dated 06.12.2016 is suspended.

Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _____________________________ A.RAJASHEKER REDDY, J 03.04.2018 tk