K. Amarender Goud v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 15673 OF 2020 Between:
K. Amarender Goud, S/o. Eeshwaraiah Goud, Aged about 55 years, Occ.Senior Assistant, Circle 3 (Old 34), L.B.Nagar, Greater Hyderabad It4unicipal Corporation, Hyderabad (Under orders of removal) ...PETITIONER AND
1. The State of Telangana, rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad.
2. The Greater Hyderabad l\rlunicipal Corporation, rep. by its Commissioner, Tankbund, Hyderabad.
3. The Zonal Commissioner, L.B.Nagar Zone, Greater Hyderabad. Muncipal Corporation, Hyderabad.
4. The Deputy Commissioner, Circle 3, Hayathnagar Circle, GHIr/C, Hyderabad Municipal Corporation, Hyderabad ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 1st respondent in not finalizing the statutory Appeal filed by the petitioner under Rule 36 of TSCS(CC & A) Rules which was filed against the orders of removal passed by the 2nd respondent dt. 08/0212019 on the allegation of unauthorized absence as void, illegal, arbitrary and contrary to TSCS(CC & A) Rules consequently direct the 1st respondent to pass appropriate orders on the Statutory Appeal fled by the petitioner dt. 0810212019 within specified period.
lA NO: 1 OF 2020 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 direct the 1st respondent to pass appropriate orders on the Statutory Appeal filed by the petitioner dt. 0810212019 withrn a specified period pending disposal of the above writ petition.
Counsel for the Petitioner: SRI S. JAGADISH Counsel for the Respondent No.1: GP FOR SERVICES-lll Counsel for the Respondent Nos.2 to 4: SRI L.DAYAKAR REDDY, SC FOR GHMC The Court made the following: ORDER
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 15673 OF 2O2O ORDER:
This r,r'rit petition is being disposed of at the admission stage with the consent of both the parties.
Heard Sri S.Jagadish, learned counsel for the petitioner and the learned Government Pleader for Services-lll. This writ petition is filed seeking the following relief :- "...............Writ of Mandamus the declaring the action of the l"t respondent in not finalizing the statutory Appeal fi1ed by the petitioner under Rule 36 of TSCS (CC&A) Rules which was filed against the orders of removal passed by the 2n,l respondent dt.08.02.2019 on the allegation of unauthorized absence as void illegal, arbitrary and contrary to TSCS (CC&A) Rules and consequently direct the 1sr respondent to pass appropriate orders on the Statutory Appeal filed by the petitioner dt.08.02.2019 within a specified period and to pass such other order. .. . . . ... ... .."
It has been contended by the petitioner that he is presently working as Senior Assistant, Circle 3 (Old 3A), L.B.Nagar, Greater Hyderabad Municipal Corporation and while he was working as Bill Collector disciplinary proceedings were initiated against him for the alleged unauthorised absence and the disciplinary authority imposed major penalty of removal from service vide order dated O8.O2.2O19. Aggrieved by the same, he preferred an appeal to the State Government on 02.08.2019. The grievance of the petitioner is that though more than one year has lapsed, the respondents have not disposed of the appeal preferred by him.
Therefore, learned counsel for the petitioner contends that appropriate orders be passed in the writ petition directing the respondents to dispose of the appeal preferred by the petitioner on 02.O8.2019 within a reasonable period.
Learned Government Pleader appearing for the respondents contends that the petitioner had submitted a representation to the Minister for Prohibition & Excise, Sports Youth Services, Tourism Cultural and Archaeology and the same cannot be treated as an Appeal. However, the file has been forwarded to the State Government and the State Government would pass appropriate orders on the said file within a reasonable period in accordance with law.
This Court, having considered the rivai submissions of the Iearned counsel appearing for the respective parties, is of the considered view that this writ petition can be disposed of directing the 1"r respondent to dispose of the appeal preferred by the petitioner on 02.08.2019 within a reasonable period preferably within four (04) months from the date of receipt of copy of this order.
With the above direction, this writ petition is disposed of. No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed. SD/. M.MANJULA ,TRUE COPY// ASSISTANT REGISTRAR slc,oru oli'6-e*
1. The Principal Secretary, l\,4unicipa] Administration and Urban Development Deparlment, State of Telangana, Secretariat, Hyderabad.
2 The Commissioner, Greater Hyderabad Municipal Corporation, Tankbund, Hyderabad.
3. The Zonal Commissioner, L.B.Nagar Zone, Gr6aler Hyderabad. Muncipal Corporation, Hyderabad.
4. The Deputy Commissioner, Circle 3, Hayathnagar Circle, GHlr,4C, Hyderabad Municipal Corporation, Hyderabad I gne qq to Sri S. Jagadish, Advocate [OPUC] I 9n. 9Q to Sri L.Dayakar Reddy, SC f6r cHIUC, Advocate [OpUC]
7. Two CCs to GP for Services-lll, High Court for the State of Telang-ana at Hyderadad. tourl
8. Two CD Copies To, SM \ ;,--
\, HIGH GOURT DATED:1 610912020 rA 14:
s e o e zo .)> 2 5 SEP 2020 I ;tt * oF.s F
ORDER
WP.No.15673 ot 2020 DISPOSING OF THE WP \ ,4!- I WITHOUT COSTS