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Official's punishment by disciplinary authority invalid: Telangana HC

Hyderabad: Justice N.V. Shravan Kumar of the Telangana High Court declared that any order passed at the instance of the higher authority without application of mind by the disciplinary authority is illegal. The judge accordingly set aside the punishment of a cut of two increments with cumulative effect against B. Shiva Prasad, deputy executive engineer in the irrigation department. Disciplinary proceedings were issued against Prasad, the petitioner, in 2006 with regard to payment made for cement concrete road bits at Nandimalla (V) crossroads and at Mitta Nandimalla Erladinne (V) in Mahbubnagar district. His case was referred to the commissioner of inquiries who submitted a report in 2011 holding that the charges were not proved. The government, however, proceeded to impose the cut in two increments. Opposing this, the petitioner said the government should have given him a chance to explain. The judge also found that disciplinary proceedings initiated against 12 similarly situated officers for the very same cause were dropped.

2 acquitted from NDPS Act case

Justice K. Surender of the Telangana High Court set aside the conviction of two accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, based on petitions by Dharavath Sathish and Amogth Nagarjuna, both 28. They had been sentenced by the special sessions judge, Khammam, to 10 years rigorous imprisonment and a fine of Rs 1 lakh. The car in which the appellants were travelling on September 1, 2018, according to the prosecution, contained 19 plastic packets of ganja. Counsel for the appellants pointed to the discrepancy in the car number from which the material was seized. It was also contended the requirement of the police putting down the information in writing and submitting it to senior officers under Section 42 of the NDPS Act was not followed.

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