M.Vani v. The State Of Telangana And 5 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 24409 OF 2020 Between:

M.Vani, D/o M.Ramulu, Aged about 41 years, Occ Narsaour (West) Section, Nirmal Range, Nirmal (Erstwhile nditabad District), Telangana State. . Deputy Range Officer, Division, Nirmal District ... PETTTION ER(S) AND 'I . The State of Telangana, Rep. by its Principal Secretary to Government Environment, Foreits, Sciedce ind Technology Department, Secretariat, BRKR Bhavan, Hyderabad - 500 029.

Z. ine erincifial Chief Conservator of Forests and Head of the Forest Force (HoFF), Telangand, Aranya Bhavan, Saifabad, Hyderabad - 500 004.

3. The C"onservatoiof Forests/ Chief Conservator of Forests, Adilabad Circle, Adilabad, Telangana State.

4. The Conservatoi of Forests/ Chief Conservator of Forests, Kawal Tiger Reserve Proiect. Nirmal Circle. Nirmal, Telanqana State.

5. Thd Forest Divisional Officer, (Erstwhile Divisional Forest Office0 Bellampally Division, Bellampally, IVancherial District, Telangana State.

6. The District Forest Officer, Nirmal District, Nirmal Telangan, S,"tl..*..roNDENrs Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of a writ of Ivlandamus declaring the action of respondents in issuing Article of Charge in Rc.No.5874/2017ltM1(i) dated 04/05/2018 under Rule 20 of A.P. Civil Services (cla ssificatio n, control and Appeal) Rules, 1991 pertaining to the allegations for the year 2009-20'10 for the abnormal delay caused in framing Article of Charges for alleged minor issue of /" acre (0.

21 hectares) area of short fall without any proper evidence contrary to the number of plants shown as 5,555 which comes in an area of 5 hectares as arbitrary, illegal and set aside the same lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider and promote the petitioner to the post of Forest Range Officer for the panel year 2020-2021 without reference to the Article of Charges issued in Rc.No.5B7412017ll\,'ll (i) dated 0410512018 by the third respondent in terms of G.O.Ms.No.

HON'BLE SRIJUSTICE ABHINAND KUMAR SHAVILI W.P.No.24409 of 2020

ORDER

This Vrit Petition is hled seeking the following relief: "to issue a rWrit order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of respondents in issuing Article of Charge in Rc.No.5874/2017lM1(i) dated 04/05/2078 under Rule 20 of A.P. Civil Services (Classification, Control and Appeal) Rules, 1991 pertaining to the allegations for the yeat 20092010 for the abnormal delay caused in framing Article of Charges for alleged minor issue of 1/2 acre (0.21 hectares) area of short fall without anv proper evidence contrary to the number of plants shown as 5,555 which comes in an area of 5 hectares as arbihary, illegal and set aside the same and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." Heard Sri G.Raman Goud, learned counsel appearing for the petitioner, and learned Government Pleader for Forest appearing for the respondents.

It is the case of the petitioner that she is working as Depury Range Officer, and that though she is eligible for promotion to the post of Forest Range Officer, the respondents are not considering her case on the premise thzlt Article of Charge vide Rc.No.5874/2017 /M1,(1), datcd 04.05.2018 is pending against her.

Learned counsel appearing for the petitioner contends that the State Government has taken a policy decision in

') terms of G.O.Ms.No.66, General Administration (Services.C) Department, dated 30-01-1991, wherein it was directed that in respect of the employees who are facing disciplinary proceedings and whose cases fall under the group referred in para 2 (iii) of the said GO, the promotion/appointment by transfer to the nexr higher post shall be deferred only when a charge of misconduct was framed by the competent authority and served on the delinquent officer concerned or a charge sheet has been filed against him in a criminal Court as the case may be. Learned counsel further contends that the State Government has taken a policy decision in G.O.Ms.No.257, dated 10.06.99, wherein it was directed to consider the case of the employees against whom disciplinary proceedings are pending in accordance with the guidelines framed thereunder. Learned Government Pleader appearing for respondents contends that case of the petitioner would be considered in terms of G.O.Ms.No.257, dated 10.06.1999 and that appropriate orders would be passed.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the view that ends of fustice would be met if a direction is given to the respondents to consider the case of the petitioner for promotion to the post of Forest Range Officer.

Accordingly, the Writ Petition is disposed of, directing the respondents to consider the case of the petitioner for promotion to the post of Forest Range Ofhcer strictly in terms of G.O.Ms.No.257, dated 10.06.1999 and also G.O.Ms.No.66, dated 30.01.1991 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. No costs.

Miscellaneous petitions, pending, if any shall stzrnd closed.

SD/.B.SATYAVATHI ASSISTANT REGI ,TRUE COPYi/ SECTION OFFICER To,1 The Princioal Secretarv. Environment, Forests, Science and Technology - - - ' ffi;,1.;;i stiG oii<itangana Secretariat, BRKR Bhavan, Hvderabad - 500 029.

z. i-n6 principal Chief Conservator of Forests and Head of the Forest Force (HoFF), - i"6noini Arinva Bhavan, Saifabad, Hyderabad - 500 004'

3. fi;'i'ft;;liiir'&Foi"itii chiet cohstituator of Forests' Adilabad circle' Adilabad, Telangana State.

4. Th; c;;iddioi ot ioreiist chief conservator of Forests, Kawal Tiger Reserve P;;ie;i, Nirmal Circle, Nirmal, Telangana State' . - s. ii; F;;;;i'oiui.ionrr'oml"i, terll*"nir" oivisionar Forest officer) Bellampallv " o,ri.i"., g'.llurpltiv, Mancheiial District, Telangana state' 6 i;; r;;ffiii;;;ti 6tria;;; Niimit oistrici, Nirmal relansana state' i. d;"Cc't,;'sricrnorati niman oouo Advocate [oPt'cl

8. rwo ccs to GP rot roiJliiliii;tie;;; i;ith;'s1ate of retansana' [oUr]

9. Two CD Copies MBC \ A"--

HIGH COURT DATED: 31t12t2OZO {HE S TA o L'

I I t, JI z t) * (,"O

ORDER

WP.No.24409 o12020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ssV.

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