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High Court for State of TelanganaWP/10757/2017disposed of no costs

M.Q.M.K.Aqueel v. The State Of Telangana

2017-03-30P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.10757 OF 2017 DATED : 30.03.2017 Between :

M.Q.M.K.Aqueel S/o.Late Mohd. Hyder Khan, Aged about 59 yrs, Occu : Retd. Employee, R/o.16-11-17/6/1, Flat No.202, Rasheed Residency, Malakpet, Hyderabad.

..

Petitioner And The State of Telangana, Rep., by its Special Chief Secretary, Municipal Administration & Urban Development, Office at Secretariat Building, Hyderabad and others.

.. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.10757 of 2017 ORDER :

Heard.

2.

Petitioner challenges the charge memo dated 03.05.2016 issued by the 1st respondent. Petitioner retired from service on 30.06.2016. The challenge to the charge memo is on merits of the allegations levelled in the charge memo. It is not the case of the petitioner that Government is not competent to formulate the charges and initiate disciplinary action. It is also not the case of the petitioner that the charges are levelled on stale issue and submissions are made on merits of the various charges. 3.

Having regard to the scope of jurisdiction of the writ Court in entertaining the writ petition against the charge memo issued by competent authority, learned counsel for the petitioner fairly submits that petitioner would be satisfied, if a direction is issued to complete the enquiry within a fixed time frame. 4.

Having regard to the said submissions, without expressing any opinion on merits the writ petition is disposed of, directing the respondents to hold an enquiry and complete the disciplinary proceedings within a fixed time frame by duly observing procedural requirements of Andhra Pradesh Civil Services (CCA) Rules, 1991. Since petitioner retired from service on 30.06.2016, and Government instructions normally require completion of enquiry even against serious allegations, within a period of six months, the respondents are directed to complete the entire gambit of

- 3 - disciplinary action, within a period of six (6) months from the date of receipt of copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 30th March, 2017 Rds