B. NAGARAJ GOUD Vs. STATE OF TELAGNANA

JUDGEMENT

(1.) In this Writ Petition, the petitioner is seeking a Writ of Mandamus to declare the CCL's Proceedings No.VS II(2)/323/2019 dt.19/3/2019 imposing the penalty of reduction to the lower post of Deputy Tahsildar for a period of two years or till retirement, whichever is earlier, as erroneous, irrational, arbitrary and unconstitutional and consequently to set aside the same and hold that the petitioner is entitled to continue in the post of Tahsildar with all consequential benefits.

(2.) Brief facts leading to the filing of the present Writ Petition are that the petitioner was initially appointed as a Junior Assistant on compassionate grounds on 17/7/1995. Thereafter, the petitioner was promoted as a Senior Assistant and given posting as Additional Revenue Inspector. Thereafter, on 28/2/2009, the petitioner was promoted as Deputy Tahsildar and later as Tahsildar on 31/5/2017. It is submitted that during the period 13/7/2017 to 7/10/2018, the petitioner worked as Tahsildar in the office of the Tahsildar, Nizamsagar Mandal. On 13/8/2019, the petitioner was issued with a charge memo basing on a report in a daily newspaper on 15/6/2019, i.e., "Agani Revenue Akramalu" stating that the petitioner was involved in committing irregularities in issuing eight appointment orders to the Village Revenue Assistants, out of which, two were on compassionate grounds and the other six were under abolished Bari-Bari system without prior permission/direction from the Collector, Kamareddy and that the said orders were issued during the ban period. It was further alleged that the petitioner had taken huge amounts from VRAs with the help of one N.Chandra Shaker, Junior Assistant, Office of the Tahsildar, Nizamsagar Mandal for issuing the appointment orders.

(3.) Thereafter, on 19/6/2019, disciplinary action was initiated against the petitioner as per the provisions of Rule 20 of the A.P. Civil Services (Classification, Control and Appeal) Rules, 1991. The petitioner vide letter dt.7/9/2019 submitted a detailed explanation stating that the appointment orders of Village Revenue Assistants were based on the Circular issued by the District Collector, Nizamabad dt.30/3/2015 and DRO, Nizamabad dt.2/5/1992 and in accordance with G.O.Ms.No.1849, Revenue (V.O), dt.25/10/2005 and that the Collector issued permission to regularise the appointment in the name of one person in the case of Bari Bari system duly taking the 'No Objection Certificates' from all other Hissadars for the appointment as Village Revenue Assistants and hence, he followed all relevant guidelines. The Additional Collector, Kamareddy was appointed as the enquiry officer and the Revenue Divisional Officer, Kamareddy was appointed as the Presenting Officer to enquire into the charges framed and the enquiry was conducted and the petitioner attended two hearings and on 14/7/2020, the District Collector, Kamareddy has furnished the enquiry report submitted by the enquiry officer, wherein the enquiry officer has given findings,-