M.A. Raoof v. The Commissioner Of Police

Date: 05.08.2018 Between:

M.A.Raoof, s/o. Shaik Jilani, Aged about 56 years, Occu: Retired Assistant Sub-Inspector of Police, Santoshnagar Police Station, Hyderabad.

.....Petitioner and The Commissioner of Police, Hyderabad City, Hyderabad and others.

.....Respondents The Court made the following:

ORDER:

By notice impugned, Enquiry Officer was appointed to enquire into the charges levelled against petitioner. The Charge memo is not under challenge. Therefore, appointment of Enquiry Officer to enquire into the allegations levelled against petitioner cannot be challenged as it is not an independent proceeding, but it is flowing out of the disciplinary action already set in motion. Whenever charges are required to be proved, according to Rule 20 of Telangana Civil Services (Classification, Control & Appeal) Rules 1991, enquiry must be held by the disciplinary authority or by an independent person as Enquiry Officer appointed by disciplinary authority. Thus, appointment of Enquiry Officer cannot be said as illegal warranting interference by this Court. Writ Petition is dismissed, leaving it open to petitioner to work out his remedies as available in law. Pending miscellaneous petitions shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Date: 05.09.2018 kkm

Date: 05.09.2018 kkm