P. VISWASHANTHI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this writ petition, the petitioner is seeking a writ of Mandamus to set aside the Articles of charge issued vide G.O.Rt.No.639, Health, Medical and Family Welfare (VC-II.2) Department, dtd. 20/5/2009 and the consequential enquiry/action by declaring pendency of the same for the last more than 12 years as punitive, arbitrary, illegal, contrary to the verdicts of the Hon'ble Supreme Court and Hon'ble High Courts and in violation of Articles 14, 16, 19 and 21 of the Constitution of India and further prayed that this Hon'ble Court may be pleased to declare Memo No.12735/VC/2/2008-21, dtd. 20/4/2015, as illegal, arbitrary and also contrary to sub rule 2 of rule 21 of APCS (Classification, Control and Appeals) Rules 1991 and to pass such other order or order in the interest of justice.

(2.) Brief facts leading to the filing of the present writ petition are that the petitioner was initially appointed as a Civil Assistant Surgeon and was subsequently, promoted as Civil Surgeon Specialist in the year 2003 and thereafter, the petitioner was discharging her duties as such. It is submitted that on 20/5/2009 while the petitioner was working as Civil Surgeon Specialist, CHC, Huzurabad, Karimnagar District, Articles of Charges were framed against her for misappropriation of funds and a departmental enquiry was initiated against the petitioner vide G.O.Rt.No.639 Health, Medical and Family Welfare (VC.II.2) Department. It is submitted that thereafter, the Enquiry Officer has completed the enquiry and an enquiry report dtd. 28/5/2013 was submitted holding that none of the charges against the petitioner have been proved. Thereafter, the disciplinary authority has invoked the provisions of Rule 20(1) thereof APCS(CC&A) Rules for further enquiry against the petitioner, but no action was taken by the department and therefore, the petitioner had filed the present writ present challenging the charge memo and also further enquiry into the matter on the ground of inordinate delay. Subsequent thereto in the year 2022, the respondents have issued another notice for conducting enquiry. The same was challenged by filing an I.A.No.1 of 2023 and vide orders dtd. 28/2/2023, this Court had granted interim stay of all further proceedings pursuant to the notice dtd. 30/12/2022.

(3.) Learned counsel for the respondents have filed counter affidavit and the matter had come up today for hearing.