Narsimhulu v. State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30007 OF 2018 DATED :06.09.2018 Between :

Narsimhulu S/o.Ranganna, Aged 50 yrs, Occu : Panchayat Secretary Grade-I, R/o.1-4-5/8, 2nd Railway Gate, Jogulamba Gadwal District.

..

Petitioner And State of Telangana, Rep., through its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30007 OF 2018 ORDER :

Heard learned counsel for the petitioner and learned Government pleader for respondents 1 to 3 and learned Standing counsel for respondents 4 and 5.

2.

Petitioner is working as Panchayat Secretary Grade-I. Disciplinary proceedings were initiated against him on the allegation of mis-conduct resulting in imposing punishment of withholding of three annual grade increments with cumulative effect, vide order of the District Collector, Jogulamba Gadwal, dated 13.07.2018.

3.

This order is challenged primarily on the ground that the District Collector is not competent to impose major punishment on a Panchayat Secretary Grade-I.

4.

Learned Government Pleader, on instructions, submits that the District Collector is not competent to impose punishment and the order impugned is not sustainable. However, he seeks leave of the Court to grant liberty to the competent authority to take appropriate further course of action based on the disciplinary proceedings already initiated and the enquiry report which is already submitted.

5.

Having regard to the said submission, the order impugned is set aside.

6.

Accordingly, the Writ Petition is allowed granting liberty to the competent authority to take further course of action from the

- 3 - stage of submission of Enquiry Officer report. Pending miscellaneous petitions shall stand closed.

__________________ P.NAVEEN RAO,J 6th September, 2018 Rds