R.Sreenivasa Rao S/O. Roshaiah, v. The State Of Telangana, Rep., By Its Special Chief

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.28933 OF 2017 ORDER:

This Writ Petition is filed challenging the charge memo issued against the petitioner vide G.O.Rt.No.299, MA & UD (Vig.II(1) Department, dated 03.05.2016 and prayed to direct the respondents to consider the case of the petitioner for promotion as Deputy Director of Town and Country Planning with all consequential benefits. 2.

Facts of the case in brief are that the petitioner was selected and appointed as Assistant City Planner through Andhra Pradesh Public Service Commission on 21.01.2013 and he was allotted to Khammam Municipal Corporation. He joined the said post on 14.02.2013 and recently he was transferred to Greater Hyderabad Municipal Corporation, Hyderabad, without any complaint. The petitioner is eligible and qualified for consideration of his case for promotion to the post of Deputy Director of Town & Country Planning as per seniority. While so, the 1st respondent issued the aforesaid charge memo alleging that while the petitioner was working as Assistant City Planner in Khammam Municipality, allowed unauthorized constructions and deviations from the sanctioned plan and thereby, held responsible for the same.

It is stated that in pursuance of letter, dated 11.06.2010, of the Regional Deputy Director of Town and Country Planning, Warangal, the Municipal Commissioner, Khammam vide letter dated 14.06.2010 has accorded permission for construction of commercial complex. It is stated that the petitioner joined in the office of Khammam Municipality in the year 2013, whereas the building permission was accorded prior to his joining in service. Therefore, he is not responsible for the alleged acts and hence, prays to consider his case for promotion.

3.

Learned counsel for the petitioner submits that the petitioner was joined service in the year 2013 at Khammam Municipality, whereas the charge memo issued to the petitioner deals with permission granted in the year 2011, hence, he is nothing to do with the permission granted in the year 2011 and on that ground, the respondents cannot deny the promotion to the petitioner and hence, he prays to quash the charge memo.

4.

On the other hand, learned Assistant Government Pleader for Services submits that while the petitioner was working as Assistant City Planner in Khammam Municipality, he allowed unauthorized constructions and deviations from the sanctioned plan and thereby, he is responsible for the same.

5.

It is to be seen that the allegation made against the petitioner is he allowed unauthorized constructions and deviations from the sanctioned plan. Therefore, the respondents have initiated disciplinary proceedings against him. If the petitioner has any grievance, he has to file written statement stating all the facts. But according permission is different from allowing unauthorized constructions, which is against the Rules. Therefore, the stand taken by the petitioner that he has not accorded permission is not a ground to quash the charge memo. Learned counsel for the petitioner relied on some judgments, but in those cases the issue that was considered is abnormal delay in concluding the disciplinary proceedings and directed the disciplinary authority to consider cases for promotion without reference to the disciplinary proceedings. As such, those Judgments are not applicable to the facts of the present case.

6.

In view of the above, no relief can be granted in this writ petition. However, the respondents are directed to conclude the disciplinary proceedings initiated against the petitioner within a period of three (03) months from the date of receipt of a copy of this order, failing which the respondents shall consider the case of the petitioner for promotion. 7.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

____________________________ A.RAJASHEKER REDDY, J AUGUST 29, 2017 YVL

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.28933 OF 2017 Date: 29.08.2017 YVL