M.A.Hameed v. The State Of Telangana, Represented By Its Principal

Date : 21.2.2017 Between :

M A Hameed S/o Mohd Yousuf Ali Bandlaguda, Hyderabad Petitioner And The State of Telangana Rep by its Principal Secretary, Transport, R & B Dept, Secretariat, Hyderabad and another Respondents The Court made the following:

ORAL ORDER:

Petitioner was served with charge memo dated 4.10.2008 for instances which are subject matter of said charge memo. He was also prosecuted in criminal Court. Petitioner was accused No. 13 in C C No. 2047 of 2009 on the file of XIII Metropolitan Magistrate, Cyberabad, at L B Nagar, Ranga Reddy district. Vide judgment dated 31.7.2015 petitioner was acquitted of the charges leveled in the said criminal case. This writ petition is filed contending that since petitioner was acquitted in the criminal case on the allegations which are similar to the allegations leveled in the charge memo, continuation of disciplinary proceedings is not valid in law.

When the matter is taken up, learned Government Pleader, on instructions, submitted that the process to conduct the enquiry was taken up and will be completed within a reasonable time. He further submitted that there are four officers involved and enquiry proposed is now being taken up against all of them.

Learned counsel for petitioner also submitted that since issue relates to the year 2008 and petitioner was already retired from service long ago, enquiry may be directed to be completed within a reasonable time. Having regard to these submissions, writ petition is disposed of, directing the respondents to complete the disciplinary proceedings as expeditiously as possible, preferably within six months from the date of receipt of copy of this order. It is open to the petitioner to raise all the pleas including his acquittal in the criminal case. No costs.

Having regard to the same, miscellaneous petitions, if any pending, are closed.

______________ P NAVEEN RAO,J DATE: 21.2.2017 TVK

Date : 21.2.2017