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High Court for State of TelanganaWP/19345/2016disposed of no costs

M. Ravi Kumar, v. State Of Andhra Pradesh,

2016-07-04A Ramalingeswara Rao2 pages

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petition No. 19345 of 2016 Order:

Heard the learned counsel for the petitioner and the learned Government Pleader for Endowments.

2. The petitioner is a graduate in Arts and passed Typewriting Telugu and English Higher Grade. He joined in the third respondentDevasthanam as LD Typist after undergoing the regular process of selection in the year 2003. He belongs to Scheduled Tribe Community. He joined the service on 11.09.2003. His probation was also declared in the year 2006. He was transferred from RTI Section to Annadanam Stores Section on 18.03.2013. He reported to the new section on 22.03.2013. Some irregularity was noticed in discharge of his duties on a personal inspection on 06.07.2013 and proceedings were issued on 07.07.2013 suspending the petitioner from service pending further proceedings and asking the petitioner to submit his explanation. He submitted his explanation to the charges levelled against him on 11.07.

2013 to the Executive Officer of the third respondent-Devasthanam. Thereafter, one Assistant Executive Officer of the Temple was appointed as Enquiry Officer by proceedings dated 02.08.2013. An enquiry was conducted and he submitted his report on 25.09.2013. After receipt of the report, the Executive Officer of the Temple issued a show cause notice on 02.10.2013 asking the petitioner to show cause as to why disciplinary action should not be taken against him. He submitted his explanation on 06.10.2013. A final order was passed imposing a penalty of stoppage of two annual increments with cumulative effect and also fine of Rs.10,000/- besides treating the period of suspension as earned leave vide proceedings dated 09.11.2013. The fine amount was deducted from the salary of the petitioner.

Challenging the said proceedings, the petitioner filed WP No.

stage on 07.11.2014 giving liberty to the petitioner to file an appeal before the appellate authority. Accordingly, the petitioner filed an appeal before the appellate authority on 05.01.2015 and when the same was not disposed of, the present Writ Petition is filed.

3. When the matter is taken up for admission, learned Government Pleader expressed no objection for disposing of the Writ Petition with a direction to the appellate authority to dispose of the appeal preferred by the petitioner.

4. In the circumstances, this Writ Petition is disposed of directing the second respondent to dispose of the appeal preferred by the petitioner on 05.01.2015, against the orders passed by the third respondent dated 09.11.2013, within a period of three (3) months from the date of receipt of a copy of this order and communicate the same to the petitioner. There shall be no order as to costs.

5. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ A.

RAMALINGESWARA RAO, J Date: 04.07.2016 Nsr