KARAMATH ALI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this writ petition, the petitioner is seeking a writ of certiorari calling for the records in relation to the orders passed by the respondent No.2 in proceedings dtd. 3/12/2021 imposing punishment of removal from service and to declare the same, as illegal, arbitrary, unconstitutional and in violation of principles of natural justice and consequently to declare that the petitioner is entitled to continue in service without there being any break, treating the period from reporting to duty to issuing posting orders as compulsory waiting in service for all purposes with all consequential attendant benefits and to pass such other order or orders in the interest of justice.

(2.) Brief facts leading to the filing of the present writ petition are that the petitioner was appointed as a permanent Mazdoor in the respondent No.2 establishment on 11/7/1986 on compassionate grounds in view of the death of his father. In the year 2008, the petitioner claims to have suffered from LBA Sciatic and back pain and absented from duty from 3/1/2008 to 30/12/2009 on the ground that the doctor advised him to take full bed rest. The petitioner claims to have obtained fitness certificate issued by the Civil Surgeon, Osmania General Medical Hospital and submitted his joining report on 31/12/2009 with a request to permit the petitioner to join duty. However, on 2/1/2010, the petitioner was informed that the leave and joining report of the petitioner were not accepted and that they were forwarded to the Chief Engineer for necessary orders. On 19/1/2010, the Chief Engineer Officer asked the petitioner for explanation as to why he shall not be deemed to have resigned from service for unauthorized absence exceeding one year. On 27/8/2010, the petitioner submitted a reply explaining about his health conditions and requested to permit him to join duty. He also requested for sanction of leave for the period from 3/1/2008 till the date of his joining. Thereafter, there was no communication from the department and according to the petitioner, he made several attempts to join the duty, but he was not permitted.

(3.) It is submitted that on 15/4/2019, Articles of Charges were issued to the petitioner framing three charges and the letter dtd. 2/1/2010 of the Research Office was the basis for framing of charges. On 20/1/2020, Enquiry Officer was appointed quoting gazette publication and thereafter, on 5/2/2020 Enquiry Officer instructed the petitioner to appear before him on 12/2/2020. It is submitted that the petitioner appeared on the said date, but on 2/3/2020 the Chief Engineer in his letter stated that the report of Enquiry Officer was not in a proper form and directed the Enquiry Officer to submit the Enquiry Report in proper form on or before 12/3/2020. Thereafter, the Enquiry Report was submitted on 1/6/2020 and the Joint Director asked the petitioner to submit his explanation against the findings of the Enquiry Officer dtd. 24/7/2020. However, it is stated that the report of the Enquiry Officer was not communicated to the petitioner along with the said memo. Therefore, the petitioner asked the office for the report, but it was stated that the report cannot be given and it was informed that it was sent to the higher authorities. It is submitted that on 20/10/2021, a show cause notice for removal from service was issued to the petitioner for submitting his reply within a period of fifteen days and accordingly, a reply dtd. 10/11/2021 was submitted. It is submitted that without considering any of the points submitted by the petitioner in his reply, the petitioner was removed from service vide proceedings dtd. 3/12/2021. Challenging the same, the present writ petition has been filed by raising the following grounds on appeal: