D RAMCHANDER SRI BUGGAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard learned counsel for petitioner Sri Goda Siva and learned Government Pleader for Higher Education.

(2.) Petitioner joined Jawahar Bal Bhavan/2nd respondent as Junior Stenographer in the year 1992 and secured promotion as Senior Assistant with effect from 1.1.2002. Disciplinary action was initiated against the petitioner primarily on the allegation of producing fake degree certificate to secure promotion as Senior Assistant and on some other aspects. It appears this case has checkered history of litigation on various aspects. On 25.3.2017, charge sheet was drawn containing four articles of charges. Enquiry was conducted, enquiry officer submitted his report dividing four articles of charges into five components and holding first component as partially proved; second as proved; third also as proved; fourth as not proved and fifth as partially proved. After considering the explanation of the petitioner on the findings recorded by enquiry officer, disciplinary authority imposed punishment of reversion to the lower post vide proceedings dated 16.9.2017. While so, vide memo dated 16.1.2020, impugned in this writ petition, show cause notice is issued to the petitioner, calling upon the petitioner as to why the punishment should not be enhanced from reversion to that of dismissal from service. In this writ petition, petitioner challenges the said show cause notice.

(3.) According to learned counsel for petitioner, the show cause notice is not sustainable for the following reasons: