A.Madhusudhan Rao v. The Chairman And Managing Director

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.21369 OF 2018 Dated:17.07.2018 Between:

A. Madhusudhan Rao, S/o. Lakshminarayana, Aged 57 years, working as E.P. Operator in OCP-III, SCCL at RG II Area, Godavarikhani, (Employee Code No.1424859), Peddapalli District, Telangana State .. Petitioner And The Chairman & Managing Director, Singareni Collieries Company Limited, Head Office, Kothagudem, Bhadradri Kothagudem District, Telangana State and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.21369 OF 2018 ORDER:

Heard.

2.

Disciplinary action against the petitioner resulted in imposing punishment. Aggrieved by the order of punishment, dated 06.12.2017, petitioner preferred appeal on 13.01.2018, but so far the said appeal is not disposed of. Alleging inaction on the part of the respondents, this Writ Petition is filed. 3.

A bare perusal of the order impugned in the Writ Petition would show that though penalty is imposed, the order of penalty does not specify as to whether the petitioner was reverted to a lower stage or to a lower grade in a time scale. In other words, the penalty imposed is vague. No punishment order can be vague, but has to be very specific on the effect of punishment. 4.

In view of the same, learned Standing Counsel for Singareni Collieries fairly submits that the order of punishment be set aside with liberty to the disciplinary authority to pass orders as warranted in law.

5.

Having regard to the said submission, the order impugned is set aside and the matter is remitted to the disciplinary authority for passing orders afresh dealing with imposition of appropriate punishment. It is needless to observe that it is open to the petitioner to work out his remedies, if any adverse order is made against him.

6.

The Writ Petition is accordingly allowed. There shall be no order as to costs.

Miscellaneous Petitions, if any, filed in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:17.07.2018 KH