K.BALCHANDER Vs. VIGILANCE OFFICER

JUDGEMENT

(1.) This writ petition is filed for the following substantive relief:

(2.) The case of the petitioner is that on 07.12013, the Deputy Commissioner, Endowments Office, Hyderabad Division, framed as many as 14 charges against him, vide Memo in Rc.No.B3/4317/2013, based on the report of the 2nd respondent - Regional Joint Commissioner of Endowments, who reported based on the news publication in Namasthe Telangana and Telecast said to have been aired in CVR News Channel. After receiving explanation from the petitioner who denied all the charges, the Deputy Commissioner of Endowments, Hyderabad appointed the Assistant Commissioner of Endowments, Ranga Reddy District as Enquiry Officer who conducted enquiry and submitted report on 17.04.2014 holding that all the charges levelled against the petitioner are not proved. Hence, the Deputy Commissioner of Endowments, who is the disciplinary authority, while accepting the enquiry report, issued proceedings dated 03.05.2014 dropping all the charges framed against the petitioner with instructions to be more cautious in future.

(3.) The learned counsel for the petitioner submits that provisional seniority list of Superintendents of Zone-VI were communicated by the Deputy Commissioner of Endowments, vide proceedings dated 30.06.2014 wherein the petitioner's name was shown at Sl.No.5 and against Column No. 8 (disciplinary case pending), it was shown as nil. The next promotion from the post of Superintendent is Assistant Commissioner of Endowments, which is a Gazetted post, for which, the petitioner is fully eligible and qualified and waiting for his turn for consideration of his candidature in the ensuing D.P.C. as there are nearly 23 posts of Assistant Commissioner of Endowments lying vacant in the State of Telangana. However, in order to deprive the petitioner of his promotion chances, the 2nd respondent - Regional Joint Commissioner of Endowments, who is in favour of a person placed at last in the seniority list, hatched a plan and sent a report to the Commissioner of Endowments, Hyderabad on 10.06.2014 stating that the Enquiry Officer, who submitted enquiry report in his case appeared to be not much effective and he did not recommend for any disciplinary action against the petitioner.