Telangana HC Faults Govt For Enhancing Punishment Against Employee

Hyderabad: The Telangana High Court faulted the state government for enhancing the punishment against a government employee. The court observed though the Rule 40 of Telangana Civil Servants (Classification, Control and Appeal) empowered the government to enhance the penalty or punishment, it should be carried out in a proper manner in the eye of law and there should not be any discrimination.

The government had stated: “The employee is liable to be granted the maximum punishment so as to serve as a deterrent to all others to not indulge in such activities. Therefore the earlier decision in imposition of penalty, i.e., dismissal from service, holds good”.

A division bench comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin dismissed an appeal filed by the government challenging the order of a single judge who had directed the government to reinstate the dismissed employee of Jawahar Bal Bavan. The employee was faced with allegations of a getting promotion from junior assistant to senior assistant by producing the fake degree certificate of Andhra University in 2002.

After a complaint was lodged, charges were framed against him in 2007 based on which a criminal case as well as a departmental inquiry were conducted. The trial court acquitted him, giving him the benefit of doubt. The government demoted him based on the departmental enquiry. After, the employee agreed, and joined the reverted post i.e., junior stenographer, on 21.09.2017, the government in 2023 dismissed him from service by enhancing the earlier punishment.

During arguments, counsel for the employee said that the government had initiated the action after a notice was issued to the authorities in a contempt case filed by the employee for not responding to earlier orders of the court for annual increments. The court did not consider counsel’s contentions, but directed the government to reinstate the employee and directed pay arrear salaries from the date of dismissal.