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2025 DIGILAW 146 (TS)

P. Gopi Krishna v. State of Telangana

2025-03-20

SUREPALLI NANDA

body2025
ORDER: Heard Sri Ch.Samson Babu, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services- I , appearing on behalf of the respondents. 2. The petitioner approached the Court seeking prayer as under : “…to issue an appropriate Writ more in the nature of Writ Of Mandamus declaring the proceedings of the Respondent No.1; dated 15.09.2023 in Memo No.6548/Ser.II/A1/2023, cancelling the posting of the Petitioner to GA (V&E) Department within one day of his reporting to the duty without ascertaining any reasons as being arbitrary and illegal violating the Articles 14 and 16 of the Constitution of India and consequently set aside the same and enabling the Petitioner to continue in the GA (V&E) Department and issue such other Writ or Order or Direction as deemed fit and proper in the circumstances of the case.” 3. The case of the petitioner, in brief, is that the petitioner was appointed as Assistant Executive Engineer in the year 2007 and promoted to Deputy Executive Engineer in 2014 considering his merit cum seniority. Thereafter in view of his integrity and merit, he was posted to the Vigilance and Enforcement Department, where he served for five years, conducting several enquiries and saving the state exchequer from impending losses. The petitioner submits that petitioner was repatriated to his parent Department but his services were spared by Respondent No.1 and again posted to the GA(V&E) Department. How ever, in the year 2023, petitioner’s posting to the same department was cancelled without any reason and without giving any opportunity of hearing to the petitioner. Aggrieved by the same, the petitioner filed the present writ petition. PERUSED THE RECORD: 4. The relevant portion of the impugned proceedings vide memo No.6548/ Ser.II / A1/ 2023 dated 15.09.2023 issued by the Special Chief Secretary to Government, Irrigation & CAD (Ser.II ) Department to the petitioner is extracted hereunder: “ In the exigency of administration, the orders issued in the reference cited are hereby cancelled. The Engineer-in-chief (Admn.), Irrigation & CAD Department and the Chief Engineer (Irrigation), Mulugu, shall take further necessary action in the matter.” 5. The Engineer-in-chief (Admn.), Irrigation & CAD Department and the Chief Engineer (Irrigation), Mulugu, shall take further necessary action in the matter.” 5. The relevant portion of the proceedings vide Lr.No.30/ V&E/ A1/ 2022 dated 26.09.2023 of the Director General and E.O., Principal Secretary to Government G.A. (Vigilance & Enforcement) Department, to the Special Chief Secretary to Government, Irrigation and Command Area Development Department is extracted hereunder: “ Accordingly, the individual has submitted his joining report in General Administration (Vigilance & Enforcement) Department on 14.09.2023 F.N. in the reference 3 rd read above.” 6. The Counter affidavit has been filed on behalf of the respondent No.4 and in particular, paragraph No.4 of the said counter is extracted hereunder: “It is submitted that, the services of the petitioner O/o the SE/IC/MIg placed at the disposal of G.A.(V&E) Department on deputation basis, for a period of 2 years in terms of G.O.(P).No.10, Finance & Planning (FW.FR.11) Department, dt:22.01.1993 vide memo no 6548/Ser.II/A1/2023, dt:12.09.2023 with Endt No.RC/ENC/B4/2309562/2023, dt:15.09.2023. The 3 rd respondent herein communicated the above mentioned orders to respondent No.4 vide Endt.No.CE (Irrigation) /S/A/Transfers/737/M/deputation/2023/1512/S, dt:13.09 .2023. In turn the 4 th respondent office was relieved from office on 13.09.2023 AM and thereby directed to handover to the charge to the post of Dy.EE to R.Sunith, DEE.and get himself relieved of the post 13.09.2023 AN by vide on Proc.No.SE/IC/MLG/S/ECI/ Transfers/ 2023/ 899/ S, dt: 13.09.2023. Subsequently the 4 th respondent has relieved the individual on 13-09-2023 A.N The petitioner working in the office of the Chief Engineer, Irrigation & Command Area Development Department presently working as Dy. Executive Engineer at O/o the Superintending Engineer, Irrigation Circle, Mulugu District at the disposal of the General Administration (Vigilance & Enforcement) Department to work on deputation basis initially for a period of two years from the date of joining of the individual in terms of GO(P).No.10, Finance & Planning (FW.FR.II) Department Dt:22-01- 1993. Accordingly, the individual has submitted his joining report in General Administration (Vigilance & Enforcement) Department on 14-09-2023 F.N. In the exigency of administration grounds, the orders issued to the petitioner were cancelled vide Govt. Memo. No.6548/ Ser.II / A1/ 2023 dt:15.09.2023 communicated by ENC, Hyderabad Endt.No.RC/ENC/B4/ 23091562/2023 dt: 16.09.2023. The Director General (V&E)Department instructed petitioner to go back to his parent department with a request to inform the date of joining, vide Lr.No.30/V&E/A1/2022 dt:26.09.2023. Memo. No.6548/ Ser.II / A1/ 2023 dt:15.09.2023 communicated by ENC, Hyderabad Endt.No.RC/ENC/B4/ 23091562/2023 dt: 16.09.2023. The Director General (V&E)Department instructed petitioner to go back to his parent department with a request to inform the date of joining, vide Lr.No.30/V&E/A1/2022 dt:26.09.2023. There after the petitioner has not joined to duty and on completion of (180) days of period of his unauthorized absence to duty, his services were surrendered to the higher authorities with a request fill up the above post to avoid inconvenience in smooth function of office work vide 4 th respondent office Lr.No:SE/IC/Mulugu/ S/EC-1/148/CE Dt: 16.04.2024 and also addressed a letter to the petitioner vide Memo.No.SE/IC/Mulugu/S/EC- 1/748CS, dated:25.06.2024 for therein to report at O/o. the Engineer-in-Chief (Admn), Hyderabad for further postings as his incumbency is not continuing in 4 th respondent office as he was surrendered to Engineer-in- Chief (Admn.), Hyderabad. In spite of above instructions, the petitioner has reported to the Engineer-in-Chief (Admn.), Hyderabad for further posting and in meanwhile the petitioner approached this Hon'ble Court by filing this writ petition. Therefore, the petitioner herein is not entitled for any relief as sought for in these paras and the writ petition is not maintainable under law and is liable for dismissal.” 7. The relevant portion of the proceedings of the respondent No.1 vide Memo No.6548/ Ser.II / A1/ 2023 dated 12.09.2023 to the petitioner herein is extracted hereunder: “In the circumstances reported by the Director General (V&E) & Ex- Officio Prl. Secretary to Government, General Admn. (V & E) Department, in the reference cited, Government, after careful examination of the matter, hereby place the services of Sri P. Gopi Krishna, DEE, O/ o the SE, IC, Mulugu, at the disposal of GA (V & E) Department on deputation basis, for a period of 2 years in terms of G.O.(P). No.10, Finance & Planning (FW.FR.II) Department, dated 22.01.1993. 2. The Engineer - in - Chief (Admn.), Irrigation & CAD Department and the Chief Engineer (Irrigation), Mulugu, shall take necessary action to relieve the individual, immediately.” DISCUSSION AND CONCLUSION: 8. No.10, Finance & Planning (FW.FR.II) Department, dated 22.01.1993. 2. The Engineer - in - Chief (Admn.), Irrigation & CAD Department and the Chief Engineer (Irrigation), Mulugu, shall take necessary action to relieve the individual, immediately.” DISCUSSION AND CONCLUSION: 8. Learned counsel appearing on behalf of the petitioner submits that the services of the petitioner O/o. Superintending Engineer, Irrigation Circle, Mulugu District placed at the disposal of the General Administration (Vigilance and Enforcement) Department on deputation basis, for a period of two years in terms of G.O(P) No.10, Finance & Planning (FW.FR.II) Department dated 22.01.1993 vide memo No.6848/Ser.II/A1/2023 dated 12.09.2023, and in pursuance to the said proceedings dated 12.09.2023 issued to the petitioner by the respondent No.1 placing services of the petitioner at the disposal of GA (V & E) Department on deputation basis for a period of two years, the petitioner submitted his joining report in General Administration (V & E) Department on 14.09.2023, however, within two days, without assigning any reasons, impugned order had been passed on 15.09.2023 informing the petitioner that in the exigency of administration, the orders issued earlier in favour of the petitioner placing the petitioner on deputation basis to the Vigilance and Enforcement Department, had been cancelled. 9. It is the specific case of the petitioner that the petitioner, vide detailed representation dated 16.01.2024 addressed to the respondent No.2 herein, requested him to issue posting orders duly taking into consideration the joining report of the petitioner dated 14.09.2023 in General Administration (V & E) Department as per the orders issued in petitioner’s favour dated 12.09.2023 (referred to and extracted above), however, though the representation of the petitioner is dated 16.01.2024 had been acknowledged by the office of the respondent No.2 herein on 16.01.2024 itself, no action had been initiated in pursuance to the petitioner’s representation by the respondent No.2 herein as on date. The petitioner vide his reminder letter dated 28.05.2024, renewed the petitioner’s request for issuance of posting orders instead of seeking surrender of services of the petitioner by respondent No.2 on the ground of unauthorized absence, as the issuance of orders to the petitioner dated 12.09.2023 by the respondent No.1 herein placing the services of the petitioner at the disposal of GA (V & E) Department on deputation basis for a period of two years and the petitioner having given submitted his joining report to that effect in General Administration (V & E)Department on 14.09.2023 itself. 11. Learned counsel appearing on behalf of the petitioner contends that the petitioner submitting his joining report is not disputed even in the counter affidavit filed on behalf of the respondent No.4 at paragraph No.4 and the petitioner is entitled for the relief as prayed for in the present writ petition. 12. Learned Assistant Government Pleader for Services-I appearing on behalf of the respondents, on the other hand, submits that the proceedings dated 12.09.2023 had been issued to the petitioner, but, subsequently, proceedings dated 15.09.2023 had been issued to the petitioner for withdrawal of the earlier orders dated 12.09.2023 stating that in the exigency of administration, the said orders had been cancelled and hence, the petitioner is not entitled for the relief as prayed for by the petitioner in the present writ petition. 13. A bare perusal of the averments made in the counter affidavit filed on behalf of the respondent No.4, in particular, paragraph No.4 clearly indicates that in pursuance to the proceedings dated 12.09.2023 issued by the respondent No.1 herein to the petitioner, respondent No.4 had relieved the petitioner on 13.09.2023 afternoon and the petitioner submitted the joining report in General Administration (V & E) Department on 14.09.2023 forenoon. 14. A bare perusal of the material document filed by the petitioner in support of the present writ petition dated 13.09.2023 clearly indicates the name of one Sri R.Sunith Kumar having joined in place of the petitioner and the petitioner having been relieved. 15. 14. A bare perusal of the material document filed by the petitioner in support of the present writ petition dated 13.09.2023 clearly indicates the name of one Sri R.Sunith Kumar having joined in place of the petitioner and the petitioner having been relieved. 15. A bare perusal of the contents of the proceedings of the Director General and E.O., Principal Secretary to Government G.A. (Vigilance & Enforcement) Department dated 26.09.2023 addressed to the Special Chief Secretary to Government, Irrigation and Command Area Development Department (referred to and extracted above) clearly indicates the fact that the petitioner had submitted joining report in General Administration (V & E) Department on 14.09.2023 and also paragraph No.4 of the counter affidavit filed on behalf of the respondent No.4 indicates a clear admission in so far as the petitioner being relieved from the said post and having submitted his joining report to the Vigilance Department. 16. A bare perusal of the record indicates that petitioner’s representation dated 16.01.2024 addressed to the 2 nd respondent requesting for issuance of posting orders as having been acknowledged by the 2 nd respondent on 16.01.2024 itself. The record also indicates reminder letter dated 28.05.2024 addressed to the 2 nd respondent seeking issuance of posting orders to the petitioner and to drop the action initiated against the petitioner to surrender service of the petitioner on the ground of unauthorized absence as having been acknowledged by the office of the respondent No.2 on 28.05.2024 itself. But however the grievance of the petitioner is that the same had not been considered as on date by the 2 nd respondent. 17. But however the grievance of the petitioner is that the same had not been considered as on date by the 2 nd respondent. 17. Taking into consideration: a) The aforesaid facts and circumstances of the case, b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Government Pleader for Services-I , appearing on behalf of the respondents, c) The averments made in the counter affidavit filed on behalf of the respondent No.4, d) The contents of the proceedings of the respondent No.2 dated 26.09.2023, relieving order of the respondent No.4 dated 13.09.2023 and the proceedings of the respondent No.1 dated 12.09.2023, e) The contents of the petitioner’s representation dated 16.01.2024 and also the reminder letter dated 28.05.2024 having been acknowledged by the office of the respondent No.2 herein, f) The fact that no orders had been passed on the said representations as on date, The writ petition is disposed of directing the respondent No.2 to consider the grievance of the petitioner as put-forth vide petitioner’s representation dated 16.01.2024 and reminder letter dated 28.05.2024 addressed to the 2 nd respondent seeking issuance of posting orders to the petitioner as per the proceedings vide Memo No.6548/ Ser.II / A1/ 2023 dated 12.09.2023 issued by the respondent No.1 to the petitioner and pass appropriate orders, in accordance to Law, within a period of two (2) weeks from the date of receipt of a copy of this order. How ever, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed.