CH. SAYANNA Vs. LEGAL METROLOGY DEPARTMENT

JUDGEMENT

(1.) Heard K. Muralidhar Reddy, learned counsel appearing for the appellant, who was respondent No.3 in Writ Petition No.20797 of 2021, Smt. M. Shalini, learned Government Pleader for Services-II appearing for respondent Nos.1 and /State and Sri N. Sharath Chandra Reddy, learned counsel appearing for Sri Arvind Kumar Kata, learned counsel for respondent No.3/writ petitioner.

(2.) B.Sc. (Maths) Degree Certificate issued by Janardan Rai Nagar Rajasthan Vidyapeeth University (Deemed University), Udaipur, Rajasthan, in favour of the appellant was declared invalid in a proceeding No.2002/E/2017 dtd. 8/11/2020 issued by one Sri V. Anil Kumar, IAS (Retired), Controller, Legal Metrology (FAC), Hyderabad, who was respondent No.1 in the Writ Petition as well as in the present appeal. The appellant being aggrieved thereby preferred an appeal before the State Government. The proceeding dtd. 8/11/2020 was kept in abeyance by an interim order dtd. 2/2/2021 issued by the Ex-Officio Secretary to Government, Consumer Affairs, Food and Civil Supplies Department, State of Telangana, Hyderabad, pending action, which was the subject matter of Writ Petition No.20797 of 2021 at the behest of the writ petitioner/respondent No.3 herein. The main ground of challenge was that respondent No.2, Ex-Officio Secretary to Government, Consumer Affairs, Food and Civil Supplies Department, State of Telangana, Hyderabad, is the same person who had issued the first proceeding dtd. 8/11/2020. Therefore, he could not sit in appeal over his own order. The State Government in its counter-affidavit at paragraph Nos.3 and 6 made categorical statements. The said paragraphs are extracted hereunder:

(3.) The learned writ Court, after hearing the learned counsel for the parties, set aside the order dtd. 2/2/2021, which kept the original proceeding dtd. 8/11/2020 in abeyance, by holding as under: