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High Court for State of TelanganaWP/26389/2018dismissed no costs

Sheshu Kumar v. The State Of Telangana

2018-07-31P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.26389 OF 2018 Dated:31.07.2018 Between:

Sheshu Kumar, S/o. Late Nagabhushanam, Aged about 42 years, Occ: Ex. Office Subordinate, R/o.H.No.12-2-563/26/A, Backside of Saibaba Temple, Gudimalkapur, Mehdipatnam, Hyderabad, Telangana State .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Finance Department, Secretariat, Hyderabad and another .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.26389 OF 2018 ORDER:

Heard.

2.

By order dated 14.11.2003, petitioner was appointed as Office Subordinate on compassionate grounds. Disciplinary proceedings were initiated against petitioner on several allegations. The allegations range from frequent absence from duty for long time, abusing and assaulting the co-employees and not obliging the directions of the superior officers. During the enquiry, it was also found that he has accepted the allegations levelled against him. However, after following due procedure, petitioner was removed from service by order dated 24.01.2007. Thereafter, petitioner made representation dated 06.11.2013 to review the removal order. This Writ Petition is filed alleging that his representation dated 06.11.2013 is not considered and he should be reinstated into service.

3.

Learned counsel for the petitioner submits that the petitioner was mentally disturbed and was unwell during the relevant period and therefore his behaviour during that period is to be condoned and he should be granted fresh appointment. 4.

The point for consideration in the Writ Petition is, whether removal of the petitioner from service was validly made. However, as seen from the order of the disciplinary authority and the material on record, petitioner was removed from service by following due procedure. The charges levelled against the

petitioner are very grave. Therefore, merely on the ground that petitioner was unwell during the relevant period, no direction can be issued at this distance of period i.e., 11 years after removal from service to grant an order of appointment. The Writ Petition is devoid of merit.

5.

The Writ Petition is accordingly dismissed. No costs. Pending Miscellaneous Petitions shall stand closed. ____________________ P. NAVEEN RAO, J Date:31.07.2018 KH