KUMARI G.GOVINDA LAKSHMI Vs. GOVERNMENT OF TELANGANA

JUDGEMENT

(1.) The present Writ Petition is filed challenging G.O.Ms.No.40, Law (LA, LA&J-Home-Courts.A2) Department, dt.13/7/2021 issued by the Government of Telangana, subjecting the petitioner to major punishment of "compulsory retirement from service" as Junior Civil Judge, under Clause 8 Rule 9 of Telangana Civil Services (Classification, Control and Appeal) Rules, 1991 (for short 'CCA Rules') and the consequential proceedings in ROC.Nos.1815/2015, 948/2016, 2266/2016 and 76/2019- Vigilance Cell, dt.13/7/2021, as illegal, contrary to Article 311 apart from it being violative of Articles 14, 16 & 21 of the Constitution of India.

(2.) The brief facts of the case are that, the petitioner was selected and appointed as Junior Civil Judge on 21/11/2008 pursuant to the notification issued by the then High Court for the composite State of Andhra Pradesh in the year 2008. Initially, the petitioner was posted in Kurnool District and thereafter, she performed her duties as Junior Civil Judge in various Courts in the composite State of A.P., and during bifurcation of the composite High Court for the State of Andhra Pradesh, she was allocated to the High Court for the State of Telangana.

(3.) Further, pursuant to the complaints as to her misconduct, the petitioner was subjected to departmental enquiry for the period during which she discharged her duties at Utnoor(Adilabad) and Warangal and she was served with four charge memos. The concerned District Judges, by following the procedure, issued show-cause notices directing the petitioner to submit explanations, and the petitioner has submitted explanations to the said show-cause notices. Further, the respondents not being satisfied with the explanations of the petitioner, have subjected the petitioner to departmental enquiries and appointed the respective Enquiry Officers to conduct enquiry on the four charge memos in accordance with the procedure laid down under A.P. Civil Services (Conduct) Rules, 1964 (for short 'the rules').