Syed Khan v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIOAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 37138 OF 2021 Between:

Syed Khan, S/o. Mahmood Khan,aged 65 yrs, Occ Retired RHC 459,5-10-91, Yellammagutta, Police Lines, Nizamabad ...PETITIONER AND

1. The State of Telangana, Rep.by its Principal Secretary (Home) Secretariat, Hyderabad.

2. The Director General of Police, State of Telangana, Hyderabad.

3. The Additional Director General of Police, Railways and R.S, State of Telangana

4. The Superintendent of Police, Railway Police District, Secunderabad.

5. The Deputy Superintendent of Police, R.P.Sub Division, Secunderabad Urban. RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction or Writ more particularly one in the nature of Writ of l\rlandamus declaring the action of the Respondent No. 4 in initiating deparlmental proceedings against the petitioner after retirement vide Rc. No.02/AS/PR/201 5 dated 2310312015 and the consequential proceedings of the Sth respondent vide No.02|0E/DSRP/SC-U/2015-21 dated 2510812021 as arbitrary, unjust and against the principles of natural justice in view of clean acquittal of the petitioner in N/SC No.

3 of 2016 by the 1st Additional Sessions Judge, Nizamabad dated 2810612020 and to set aside the initiation of OE enquiry against the petitioner. lA NO: 1 OF 2021 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 stay the initiation of departmental proceedings vide Rc. No.02IAS/PR/201 5 daled 231031201 5 and the consequential proceedings of the Sth respondent vide No.O2/OE/DSRP/SC-U/2O1 5-21 dated 25-08-2021. Counsel for the Petitioner : SRI M. V.

l THE HON' }LE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.37,l38 of 2021 ORDER:

This writ pe ition is being disposed of ot the odmission sloge with the consent >f both Porties.

This wril pet lion is filed seeking the following relief : "......to iss re an order, direction or Writ more particutarty one in the nature of Writ of Mandamus dectaring the action of the lespondent No.4 in initiating departmental proceedin ls against the petitioner after retirement vide Rc.No.02i A5/PR/2015, dated 23/03/7015 and the consequer tiat proceedings of the 5th respondent vide No.02/0EDsRP/sC-U/2015-21 dated 2510812021 as arbitrary, unjust and against the principles of natural justice in view of clean acquittat of the petitioner in N/5C No.3 of 2016 by the 1st Additionat Sessions Judge. Nizamabal daled 28/06/2020 and to set aside the initiation cf OE enquiry against the petitioner...... ". Heord S i M.V.Protop Reddy, leorned counsel oppeoring for lhe petitioner tnd the leorned Speciol Government Pleoder oppeoring for th -- resPondents.

Leqrnec counsel oppeoring for lhe petilioner hod contended thol lhe pelitioner is o retired Roilwoy Heod Consloble. While he wos working os o Heod Constoble, the disciplinory outhority hod in iioted disciplinory proceedings ond on ihe some sel of ollegotions, the petitioner wos olso tried by the competenl criminol court l.t N/SC.No.3 of 2016 ond lhot the petitioner wos ocquitled vide ..rdgment doted 26.06.2020.

The griev,rnce of the petilioner is thot on the very some sel of ollegotions, the deportmentol proceedings were'olso initicted ond he hos submittcd o detoiled represenlotion 'to the respondents on

-) 18.06.2021 requesting the respondenis to drop the disciplinory proceedings, os he wos ocquitted by ihe competent criminol court' Bul,sofor,therespondentshovenoipossedonyordersonthesoid represenlotion. The respondenls ore proceeding with the deportmentol enquiry ond he wos osked to oppeor before on Enquiry Officer. Chollenging the some' the present wril petition is filed.

Leorned counsel oppeoring for ihe petitioner hod contended thoi the pelitioner wos ocquitted by ihe compeient criminol court vide iudgmeni doted 2606'2020 in N/SC No'3 of 2016 ond on the very some set of ollegotions' ihe respondents ore proceeding with the dePortmentol enquirY'

Therefore, Ieorned counsel oppeoring for the petitioner hod contended lhot opproprioie orders be possed in ihe writ petition directing the respondents to consider the representotion submitted by ihe petitioner on l8'06'2021 before proceeding with the dePorimeniol enquirY'

Leorned Speciol Government Pleoder oppeoring for the respondents hod contended thot there is no bor for conducting deportmentol enquiry However' slnce lhe representolion of lhe petitioner is pending wilh the respondenls' the respondents would consider the some ond poss oppropriote orders in occordonce with low This Court, hoving considered the rivol submissions mode by ihe porties, is of the considered view thot this wril peiition con be dlsposed of directing the respondents 1o consider the representotion submitfed by the petitioner on lB06'2021 ond poss

J oppropriole ord€ rs in occordonce with low, before initioting deporlmenlcrl er quiry, within o reosonoble period of time, preferobly wilhin < r period of eight weeks from lhe dote of receipt of o copy of this ord,)r.

With the obove direc'tions, the writ petitlon is disposed of. No costs.

Pending mi celloneous petitions, if ony, sholl stond closed. SD/.T.JAYASREE //TRUE COPY// ASSISTANT REGISTRAR w, To, SECT|ON OFFTCER

1. The Principal Sec etary (Home), State of Telanoana, Secretariat, Hvderabad.

2. The Director Gen,:ral of Police, State of Telanglna, Hyderabad.

3. The Addjtional Dir 3ctor General of Police, Raiiiryays ariO n.S, State of Telanoana

4. The Superintend€ nt of Police, Railway Police Disirict, Secunderabad

5. The Deputy Supe intendent of Police, R.p.Sub Division, Secunderabad Urban.

6. One CC to Sri M. y'. Pratap Reddy, Advocate [OpUC]

7. Two CCs to GP fr r Services- l, High Court forine Sta'te of Telangana at Hyderabad. [OUT

8. Two CD Copies

9. One Spare Copy sm SB q

HIGH COURT DATED:31 11212(t21 "s .9'- a..l \..

t- )

ORDER

.) WP.No.37138 of 2021 DISPOSING OT THE WP WITHOUT COSTS &,