Justice Abhinand Kumar Shavili dismissed the writ petition against compulsory retirement as withdrawn by the petitioner, who was granted liberty to pursue other remedies.
Liberty to pursue remedies at his own risk and convenience.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE TWELFTH DAY OF APRIL
TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRIJUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION NO: 8814 OF 2021
Between:
B. Ramesh, S/o. Bhukya, Aged 55 years, Asst. District Fire Officer (Under Compulsory Retirement), Adilabad, now residing at H.No.5-623/3, Opp. Andhra Bank Road, Ballepally, Khammam town and district.
...'ET,T'ONER
AND
...RESPONDENTS
Petition under Article 226 o'f lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction, more particularly one in the nature of Writ of Certiorari or any other appropriate Writ, calling for the records relating to and connected with the order passed by the 2nd respondent vide Rc.No.15 07lE2t2o1g, dated 23.3.2021 awarding him major punishment of"Compulsory Retirement" from service from the date of issue of the order i.e., 23.3.2021 and treating the total suspension period from 30.7.2020 to 23.3.2021 as 'not on duty' and set aside/quash the same on the ground that punrshment of compulsory retirement imposed upon him is d isp roportio nate to the gravity of the misconduct proved against him and contrary to thejudgment of Apex Court in Harish lvl.Mankodi vs. State of Gurjarat, (2003) 1 SLR 484 and in State Of U.P. And Anr. vs Lalsa Ram on 23'd February, 2001 reported in (2001) 3 SCC 3Bg and also it was not issued in public interest and for a consequential direction to the respondents to reinstate him into service with all consequential benefits treating his the total suspension period from 30.7.2020 lo 23.3.2021 as'on duty'
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 suspend the order passed by the 2nd respondent vide Rc.No.15O7lE2t2o1g, dated 23.3.2021 awarding him major punishment of "Compulsory Retirement" from service from the date of issue of the order i.e.,23.3.2021 and treating the total suspension period from 30.7.2020 lo 23.3.2021 as 'not on duty' and treat him on duty, pending disposal of the Writ Petitlon
Counsel for the Petitioner : SRI A.NARASIMHA RAO
Counsel for the Respondents : GP FOR SERVICES I
The Court made the following: ORDER
THE HON'BLESRI JUSTICEABHINANDKUMARSHAVILI
wRlTPEIITloNNo. I 4ol 2021
ORDER:
Leornedcounsel oppeoring for the peiitioner requests the Court to Permitthe Peiitionertowilhdrow this writ petition with o libertyto pursuehis remediesin occordoncewith low'
ln view ofthe obove submission'the wrii petiiion ls,
occordingly,dismissed os wilhdrown by giving libertyos proyedfor
No costs
PendingmiscelloneousPeiitions'if ony, sholl stond closed
//TRUECOPY//
SD/.K.SAILESHI ASSISTANTREGISTRAR L+'
SECTIONOFFTCER
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HIGH COURT
DATED:1210412021
ORDER
WP.No.8814 of 2021
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DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS.
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1 provisions across 1 enactments
B. Ramesh
State of Telangana
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
