T. RANJEETH SINGH S/O HEERALAL ADMN OFFICER, S S GOVERNMENT POLYTECHNIC, ZAHEERABAD, SANGAREDDY DISTRICT Vs. STATE OF TELANGANA REP BY ITS ADDITIONAL CHIEF SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT , HYDERABAD AND OTHERS

JUDGEMENT

(1.) Petitioner was earlier working as Administrative Officer of Jawaharlal Nehru Government Polytechnic college, Ramanthapur, Hdyerabad. He was served with charge memo dated 26.11.2015 containing two charges. The sum and substance of the first charge is that he was repeatedly affronting superiors with disobedience, misdemeanor, insubordination, disrespectful attitude , irregular and negligent towards his duties. The sum and substance of second charge is that he was not following financial norms and involved in financial irregularities, incorrect calculations of income tax of teaching staff, irregular drawal and disbursement of retirement/death benefits and non remittance of undisbursed amounts.

(2.) Not satisfied with the explanation, Enquiry Officer was appointed. The Enquiry Officer conducted enquiry and submitted his report vide letter dated 25.11.2016. After submission of the report of the Enquiry Officer, petitioner was served with show cause memo dated 21.1.2017, impugned in the writ petition, calling upon the petitioner to submit his explanation as to why punishment should not be imposed based on the findings of the Enquiry Officer. At this stage, this writ petition is filed.

(3.) Learned counsel for petitioner contended that the Enquiry Officer has not followed the mandate of Rule 20 of APCS (CCA) Rules, 1991 to conduct enquiry. The witnesses were not examined and no opportunity of cross examination was given to the petitioner. Witnesses were supplied with questionnaire and replies furnished by them were taken into consideration. The relevant and important documents which have a bearing to hold the charges were not supplied. He would therefore submit that based on illegal enquiry conducted, the present show cause memo is issued. Since enquiry was not conducted in accordance with the mandate of the Rules, 1991 the consequential action is not legal and therefore the show cause memo is liable to be set aside.