V.Doodya Vs The State of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 14786 OF 2023

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Between:

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V. Doodya, S/o. Bhajya, Age.47 Years, Occ: Panchayat Secretary, Vattipally Gram Panchayat, Marriguda Mandal, Nalgonda District and Ri/o.H.No.6.2, Ramadas Tanda Village & Grampanchayat, Peddapuram Post, Nampally Mandal, Nalgonda District.PlN.508373

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.,.PETITIONER

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ANO

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1 The State of Telangana, Rep.by its Principle Secretary, Panchayat Raj and Rural Development Department. Secretariat, Hyderabad.

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2 The Commissioner and Director of Panchayat Raj and Rural Development Department, Panchayat-Raj Bhavan, Urdu Hall Lane, Himayat Nagar, Hyderabad.

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3 The District Collecto(Panchayat Raj Wing), Nalgonda District.

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4 The District Panchayat Officer, Nalgonda District.

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...RESPONDENTS

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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 any Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Proceedings No.763/2013-B3 (pts) dt.03.05.2023 and Proceedings No.355/CPT&REIB2I2O14 dt.6.12.2016 issued by the 3'd & 2nd Respondent subjecting the Petitioner to criminal prosecution and terminating him from service by relying upon an unknown fake certificate while ignoring Petitioners Degree Certificate issued by Dr.B.R.Amberkar Open University, as illegal, unjust, arbitrary, discriminative volatile of Principles of natural^justice and also volative of Articles 14, 16 and 21 of the Constitution of lndia and consequentially set aside the Proceedings No.763/2013-B3 (pts) dt.03.05.2023 and Proceedings No.355/CPT&RE|B2I2014 dt.6l12l2O16 by directing the Respondents to regularize the Petitioners service with all consequential benefits.

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lA NO: 1 OF 2023

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Petrtion under Section 151 cPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To direct the Respondents to not to terminate the petitionel from his service as Panchayat Secretary (contract) by suspending proceeding No. No.763/2013-83 (pts) dt.03/05/2023 issued by the 3rd Respondent, pendinq disposar of the above Writ Petition.

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lA NO: 2 OF 2023

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Between

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V Doodya, S/o. Bhajya, Age.47 Years, Occ: panchay;rt Secretary, Vattipallv Gram Panchayat, . Marriguda Mandal, Nalgonda Dis'irict and Ryo U.trto O.Z', [am9d.a9.^{Tanda Village} I^{Grampanchayat,peddapurampost,Nampally} Mandal, Nalgonda District PlN.508373

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...PETITIONER

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AND

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1 The State of Telangana, Rep by its Principle Secretary, ranchayat Raj and Rural Development Departmeni. Secretaiiat, Hyderab'ad

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The Commissioner and Director of Panchayat Raj and Rurat Development Department, Panchayat-Raj Bhavan, Urdu Hall L5ne, Hi,nayat Naga'r, Hyderabad.

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J The District Collecto(Panchayat Raj Wing), Nalgonda D strict.

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4 The District Panchayat Officer, Nalgonda District.

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5 Vattipally Gram Panchayat, Marriguda t/andal, Nalgoncla District.

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...RESPONDENT/PROPC'SED RESPONDENT

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Petition under Section 151 cPC praying that in the ciroumstances stated in the affidavit filed in support of the petition, the High court rnay be pleased to implead the Proposed Respondent herein as Respondent No. 5 in w.p. No. 147g6 of 2023 and the interlocutory Applications filed therein.

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Counsel forthe Petitioner: SRI B. KIRAN KUMAR

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Counsel for the Respondents: Gp FOR SERVICES ll

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The Court made the following: ORDER

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HON'BLE MRS. JUSTICE SUREPALLI NANDA

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WRIT PETITION 0.14786 0F 2(J23

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ORDER:

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Heard Sri B.Kiran Kumar, learned counsel appearing on behalf of the petitioner and learned Government Pleader for Services-Il appearing on behalf of^the respondents.

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2. The Deti ioner aooroiched the Court seekin o Draver

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as u nder:

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"...to issue any Writ, order or directlon more^particularly one in the nature of Writ of^{Mandamus declaring the} Proceedings No.763l2013-83^(pts), dt 03.05'2023^and Proceedings No.355/CPT&RE/82/2014, dt 6.I2.2016 issued by the 3'd & 2nd Respondent subjecting^the Petitioner to criminal^prosecution and terminating^him from service by relying upon an unknown^{fake certificate} while ignoring Petitioners Degree^{Certificate issued by} Dr. B. R. Amberkar Open University as^{illegal, unjust,} arbitrary, discriminative volatile of^{Principlesof natural} justice and also volative of Articles 14, 16 & 21 of^the Constitution of India and^{consequentially set aside the} Proceedings No.76312013-83^{(pts), dt 03.05.2023and} Proceedings^{No. 355/CPr&RE/82/2014,dt 6'12.2016 by} directing the^{Respondentsto regularizethe Petitioners} service with^{all consequential benefitsand pass..."}

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3 The case of the^petitioner in brief as Der the A verment s rnrda in t h A' ffi^tl avt^t filed b^rrfha -BctiEislcl-lll suDDort of t e oresent Writ Petition is a s underr-

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It is specific case of the^petitioner that r€lying upon an unknown fake certificate totally ignoring the^{petit ioner'sdegree} certificate issued by the Dr.B.R. Ambedkar Open Jniversity, the impugned proceedings Proc.No.763/2013-83(Pts.), dated 03.05.2023 had been issued by the District Colle<:tor^(Pt.Wing), Nalgonda terminating the petitioner from servicc and further subjecting the petitioner to criminal prosecuti()r unilaterally without even considering the explanation, dated 23,01.2023 furnished by the^petitioner in response to the sholt cause notice, dated 13.01.2023 issued to the petitioner. Agq-i:ved by the action oF the same, the^present Writ Petition has b('en filed.

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4. PERUSED THE REEORD.

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A. The order imouqned, Pr oc.No.7 63 I 20 13-83(Pts. ). dated 03.O5.2O23 Dassed bv the District Collector

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(Pt.Winq), Nalqondajs extracted hereunder:-

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In the reference read above, the Hon'ble High Court^at Hyderabad has communicated a copy of the orders^passed in W.P. No. 30604 of 2021 dated 20-09-2022, and^the orders is as follows ORDERS

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"In view thereof, this court deems it fit and^proper to direct the^petitioner to discharge duties of^{Panchayat Secretary.} The respondents are however at liberty to initiate^action against the^petitioner, if they choose to.^{Till any action is} initiated and a decision is taken by^{respondents no} coercive action shat be taken against the^{petitioner. The} petitioner is also at liberty to mate a fresh representation to the respondents to consider his^case for^{regulairsation} on the basis of Dr. B.R Ambedkar Open^University certificate issued in his'favour and^{on submissionof such} representation, the respondents are directed to^pass appropriate orders thereon within a^period of^{four weeks} therefrom.

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In this view of the matter, the Writ^{Petition is accordingly} disposed of. No order as to^casts.

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Pending miscellaneous^{petitions,if any, in this Writ Petition} shall stand closed"

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In this regard, it is informed that, Sri^{V. Doodya Naik} initially appointed as Panchayat^{Secretary, Grade IV on} contract basis from open^{marketunder State and} Subordinate Service Rules^{on the conditions mentioned on} consolidated remuneration of^{Rs. 2OO0/- per month} without any other allowances or^{monetary beneFitsfora} period of one year and allotted to Gram^Panchayat, Chamalapally of Nampally^{Mandalvide Proc. No.} 460/2006-A1(Pts), dated^{29-12-2006of the District} Collector (P.t.Wing), Nalgonda.

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In the meanwhile, the Mandal^{ParishadDevelopment} Officer, Nampally vide lr. No.^{382/2015-16, dated 08-01-} 2016 & L9-02-2076 has forwarded^{the Degree (B.Sc.) pass} Certificate from Osmania University^{with Roll No. 321-02-} O2IOZ submitted by Sri V. Doodya^{Naik, Panchayat}

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Secretary who is working on contract^h,asis since his appointment dated 30-12-2006 in Nampally^l"landal.

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Accordingly, the District Panchayat Officer,^Nalgondavide Roc. No. 76312013-B1(Pts.), dated 05^(13-2016 has forwarded the attested Xerox copy of Deqree Certificate submitted by Sri V. Doodya Naik, throuqh the lvlandal Parishad Development Officer, Nampally to the Commissioner, Panchayat Raj & Rural Employment, Hyderabad to issue further necessary instrur,tions/ordersⁱⁿ the matter.

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Further as per instructions from the C-ommissioner, Panchayat Raj & Ru,ral Employment, HyJerabad, the Mandal Parishad Development Officers, Nampally & Chandampet have been requested to furni:;l- the relevant original documents i.e., (Service Certificate'j, Appointment Proceeding as Contract Panchayat Ser:retary, Caste Certificate, Educational Qualifications from LOth to Degree and Study Certificates from 3'd to 1Oth C.lass etc.,) On 1B-08-2016. Accordingly the necessary -ertificates (in original) have been submitted to the Dirertor, Panchayat Raj & Rural Employment, Hyderabad for further action vides Roc. No. 76312013-81 (Pts.), dated 18-08-2016

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Accordingly, the Director of Panchayat Raj & Rural Employment, Hyderabad have sent the certi''icates of Sri V. Doodya Naik, Contract Panchayat Secretary and another to the concerned Universlties for verification and vide the Controller oF Examination, Osmania Univr:rsity, Lr. No, 2L45, dated 05-10-2016 has submitted verification report stating that, the graduation certificate prodLrc.ed by the Sri V. Doodya Naik, Contract Panchayat Secret,rry is fake and accordingly requested the District Collector(Pt.Wing), Nalgonda to file a criminal case for giving ,alse certiFicate and also initiate disciplinary action against Sri V. Doodya Naik, Contract Pa nchayat Secretary

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The Mandal Parishad Development Office Nampally has been requested to file a criminal case aqainst Sri V.Doodya Naik, Contract Panchayat Ser-retary, Gram Panchayat, Nampally of Nampally Mandal for producing

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fake graduation certificate vide the Dist. Collector^(Pt. Wing), Nalgonda, Roc. No. 76312013-81(Pts), dated^14- O3-20t7 Accordingly, the Mandai Panshad^Development Officer, Nampally submitted compliance^{report after filing a} criminal case against Sri V. Doodya Naik,^Contact Panchayat Secretary, Gram Panchayat, Nampally^of Nampally Mandal in the Nampaily Police Station^duly enclosing a copy of FIR (First Information^{Report) filedon} 25-03-2018, and since the filing of^{criminal case against} the said individual, he is absconding from^{his duties.}

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Further, a Show-Cause Notice^{videNo. 763/2013-Bl(Pts),} dated 09-04-2018 has also been^issued to^{Sri V. Doodya} Naik, contract Panchayat Secretary, Gram^Panchayat, Nampally of Nampally'Mandal, as to why^he shall^{not be} terminated from the^post of Contract^{Panchayat Secretary,} Gram Panchayat for submission of^{fake Graduation} Certificate.

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Upon which, Sri V. Doodya Naik, contract^Panchayat Secretary, Gram Panchayat,^{Nampaltyof Nampally Mandal} has filed a Writ Petition No.9668 of^{2018 with the} assertion made by him that,^when he^pursuedhis graduation from Dr. B.R. Ambedkar Open University,^how the respondents have sent his^{certificateto Osmania} University

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Accordingly, the Hon'ble High Court^{for the State oF} Telangana at Hyderabad^{has passed orders in W.P. No.} 9668 of 2018, dated^{03-04-2018directingthe} Commissioner, Panchayat^Raj &^{Rural Employment,} Hyderabad to consider the^{representationof the said} individual dated 03-03-2018,^{within a period oF two weeks} from the date of receipt of^{a copy of this order and take} action accordingly.^{Till such time, the impugnedMemo} dated 06-12-2016 is^{suspendedand disposedof the writ} petitioner as to costs. As a sequel thereto,^{miscellaneous} petitions, if any, pending in the writ^{petition, shallstand} closed.

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355/OPR&RE/82/20L4, dated 09-05-2019 has requested the District Panchayat Officer, Naigonda to submit the copies submitted by Sri V. Doodya Naik, contract Panchayat Secretary at the time of his first ,rppointment on contract basis on 29-12-2006 along with :;freet of marks assigned to his degree qualification to file cc.rnter affidavit in the matter. Accordingly, the copies subnrrtted by Sri V. Doodya Naik, Contract^panchayat Secretary at the time oF his first appointment on contract basis on 29-12-2006 along with sheet of Marks assigned to his Degree qualification have been submitted as desired.

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Further, the Commissioner, panchayat Raj & rural Employment, Hyderabad vide proc. No. 355/CPR&RE/82/2014, dated 31-05-2018 has passed orders stating that, as per orders of the Hon ble High Court in W.P. No. 9668 of 2018, dated 03-04-2018, the request of Sri V. Doodya Naik, Contract panchayat Se,:retary dated 03-03-2018 for regularization of his services have been rejected, as he has submitted fake Degree Certificate of Osmania University, Hyderabad earlier and now submitted another Degree Certificate from Dr. B.R. Arnbedkar Open University, Hyderabad, when the first certifi,:ate is proved fake.

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Further, the Commissioner, panchayat Raj & rural Employment, Hyderabad vide tlemo No. 355/CPR&RE/B2/20t4, dated O2-11-2021 t-as requested the District Panchayat Officer, Nalgonda t,t Inform the individual that, since the criminal case is pending against the Sri V. Doodya Naik, Contract panchayat:;ecretary, the request of the individual dated 14-09-2021 cannot be considered at this Juncture. Accordingly, the same has been communicated to the said individull on LB_11_2021.

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Further, the Sub-Divisional police Officer, Deva rakonda has been requested to furnish the present stage of the case in FIR No. 55/2OtB, dated 25-03-2018 for raking Further action in the matter, and the Sub-Divisionai Office., Devarakonda has submitted a report that, they have gone through the letter and verified the Cr. No. 55/2018 U/s. 465,468,471 and 42O IpC of pS Nampaily, it has came to

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know that, this case was charged on 24-lt-2020 and it is P.T. vide CC No. 1058/2020 and enclosed a copy of the Charge sheet For kind^perusal, and the same has been submitted to the Commissioner, Panchayat Raj & Rural Employment, Hyderabad as desired.

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Further, as per orders passed by the Hon:ble High Court For the state of Telangana at Hyderabad In W.P. No. 30604 of 2O2l dated 20-09-2022, the loint Commissioner, O/o. the Commissioner, Panchayat Raj & Rural^Employment, Hyderabad vide Memo No.355/CPRS&RE/82/2014,^dated 07.12.2022 has requested the District Collector(Pt.^Wing), Nalgonda to inform the individual i.e., Sri V. Doodya^Naik, Panchayat Secretary (Contract), Gram^panchayat, Champalapally of Nampally Mandal to^{join in} to duty^by permitting him to duties and also to process for initiating departmental action under CCA Rules on^{his appointment} by submitting a fake certificate of educational^{qualification} and report compliance.

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Accordingly, as^per orders of the^{Hon'ble HighCourt for the} State of Telangana at Hyderabad In^{WP No. 30604 of 2O2l} on 20-09-2022 vile reference^{read above, Sri V. Doodya} Nalk, Panchayat Secretary^{(Contract),Ex-GramPanchayat,} Champalapally of Nampally^{Mandal has been postedas} Panchayat Secretary on contract basis^{in Gram Panchayat,} Vattipally of Marriguda Mandal,^{subjectto finalization of} Court case^pending in the^{Hon'ble High Court.}

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Further, a Show-Cause Notice^{vide No. 763/20L3-83(Pts.),} dated 13.01.2023 has^{been issuedto Sri V. Doodya Nayak,} Panchayat Secretary^{(Contract), Ex-GramPanchayat,} Chamalapally of^{Nampally Mandalnow working in Gram} Panchayat, Vattipally of^{Marriguda Mandalfor submission} of his explanation to^{the notice,for submissionof fake} Certificate oF Educational Qualification^{duringhis service} regularization.

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Accordingly, Sri V. Doodya Nayak,^{PanchayatSecretary} (Contract), Ex-Gram Panchayat, Chamalapally^{of Nampally} Mandal now working in Gram^{Panchayat,vattipallyof}

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Marriguda Mandal has submitted his explanation to^the show cause notice on 23-01-2023,

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In the light of the above, the explanation o'Sri^{V. Doodya} Nayak, Panchayat Secretary^(Contract), Gram Panchayat, Vattipally of Marriguda has been examined and^the explanation is found not satisfactory.

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Now therefore, In exercise of the^powers as appointing authority and keeping in view the^violation of^{as perRule} 17 of T.S. State & Subordinate Service RLrles, 1996, the undersigned being the competent authority^hereby terminate the services of the said Sri V. l)oodya^Nayak, Panchayat Secretar (Cqntract), Gram Panchayat, Vattipally of Marriguda Mandal for submission of fake degree certificate during his initial appointment.

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The Mandal Parishad Development Officer, Marriguda^is requested to take necessary act accordin,;ly and report compliance.

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B. The relevant oortion of the earli er orders of this Court, dated 2O.O9.2022 oassed in W.P.No.3O6O4 of 2021 is extracted hereunderi:

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In view thereof, this Court deems it fit and^proper to direct the resp ondents to Dermit the^petitioner to discharqe the duties of Panchavat Secretarv. The resoondents are however at liberW loinitiatetction ln h etation r if th ch ll a action is initiated and a decision is taken hv the resDondents, no coercive action shall be takel aqainst the^petitioner. The petitioner is also at liberty to make a fresh representation to the respondents to consider his case for regularization on the basis of Dr. B.R.Ambedkar Open University certificate issued in his favour and on submission of such representation, the respondents are directed to pass appropriate orders thereon within a period of four weeks therefrom.

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DIscus ION ND oNc USION:-

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Learned counsel appearing on behalf of the petitioner submits that in response to the show.cause notice, dated 13.01.2023 issued to the petitioner calling for explanation from the petitioner for submission of fake certificate of educationar qualification during the petitioner,s service regularization, the petitioner submitted a detailed explanation denying the charges put-forth vide show-cause notice, dated 13.01.2023 issued to the petitioner herein on 23.01.2023, petitioner specifically pleaded that the petitioner completed h is g rad uation from Dr.B.R..Ambedkar Open University in the month of January, 2016 and subsequently, the petitioner made several representations to the respondents herein for regularizaUon of service and when the respondents herein requested the petitioner to provide the details oF the petitioner to the District panchayat Officer, Nalgonda for the purpose of regularization of services, the petitioner submitted the said required details along with the original documents, but however DpO submitted a fake Osmania Degree Certificate in place of certificate issued by Dr.B.R.Ambedkar Open University to the authorities, therefore,

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due to a mis-communication between the District^Panchayat Officer and respondent Authorities, the^{petit oner was penalized} and restrained from^performing his duties,^{without providing} any opportunity to the^petitioner to^{prove p€:titioner's innocence} and criminal^proceedings had been initiated^behind the^{back of} the^petitioner. Aggrieved by the same, the^{pi:titionerapproached} this Court by filing the W.P.No.30604 of 2021^{and the samewas} disposed of in favour ol the^petitioner on^{20.Og.2022, directing} the petitioner to make a fresh representation^{t-o the respondents} to consider^petitioner's case for regularizat on on the^{basis of} Dr.B.R.Ambedkar Open University certificate^{issued in favour of} the petitioner.

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Learned counsel appearing on behalf of the^petitioner further submits that other similarly situated^{candidates like the} petitioner herein had been regularized with only Intermediate qualiFication, but however the petitioner had been^penalized by an act of the District Panchayath^{Officer, Iialgonda who did a} mis-communication and forwarded the^{Osmania University} certificate instead oF Dr.B.R.Ambedkar Open University certificate without^{petitioner's consentand further, the petitioner} made representation, dated 31.12.2022^{to the respondents,}

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subsequent to the order issued in favour of the petitioner in W.P.No.30604 of 2021, dated 20.09.2022, but however, the said representation had not been considered and vide explanation, dated 23.01.2023, petitioner requested to drop the action initiated against the petitioner vide proceedings, dated 13,01.2023 and to regularize the services of petitioner on par with similarly situated candidates as per G.O.Ms.59, dated 04.09.2016 on the basis of Intermediate qualification, duly considering the Dr.B.R.Ambedkar Open University qualification certificate as certiFicate as directed by this Court vide its earlier orders dated 20.09.2022 passed in W.P.No.30604 of 2O2t in favour of the petitioner herein, but however without considering all the pleas put-forth by the petitioner in petitioner's detailed explanation, dated 23.01.2023 submitted by the petitioner to the 3'd respondent herein, the order impugned, dated 03.05.2023 had been Dassed bv the 3td resDondent mechani callv. in a routane anner without aool ication of mind an without asslonrno anv reasons statinq that the exolana ion of the petitioner had been examined and the exolanation is found not satisfactorv.

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Learned counsel appearing on behalf of the petitioner further submits that the order impugned, dated 03.05.2023 passed by the Distract Collector panchayat Wing, Nalgonda as bereft of reasons and the decision to terminate the petitioner from service had been taken unilaterally concluding that the petitioner had submitted a fake degree certificate, without even conducting enquiry, in accordance to law, by providing an opportunity of personal hearing to the petitioner on the basis of reports obtained behind the back of the petitioner, and therefore, the order impugned, dated 03.O5.2023 needs to be set_ aside.

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I Learned Govern ment Pleader for ervtce -II ari nb alf th s on nts r s a the order lmDuqned, ated 3.Os. o23 sse d bv the 3rd res nden tsw ithout anv reasons and the re he matter c uld bere itted to the 3'd spon dent for ider on f lan tion 2 2 f ish th etiti on h h w- u ti da 3.O1.2 2 itio th 3rd n n that e b ken e rd

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resDondent o the subiect issue within a reasonable period.

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Takinq into consideration:-

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a) The aforesaad facts and circumstances of the case. b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned Government Pleader for Services-Il appearing on behalf of the respondents.

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c) The averments made in the counter affidavit filed on behalf of the respondent No.4.

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d) The contents of the order impugned, Proc.No.763/2OL3-B3(Pts.). dated O3.O5.2O23 issued by the District Collector (Pt.Wing), Nalgonda (referred to and extracted above)

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e) The contents of the petitioner's detailed explanation, dated 23.01.2O23 furnished by the petitioner in response to the show-cause notice, dated 13.O1.2023 issued to the petition er,

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f) The fact that the detailed explanation, dated 23.01.2(J23 furnished by the petitioner in response to the show-cause notice, dated 13.01.2023 issued to the

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petitioner had, neither been discussed nor had even^been referred to in the order impugned, dated^03.05,2023 issued by the 3'd respondent herein.

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This Court opines that no enquiry^{had been} conducted and unilaterally to a^{conclusionhad been} arrived at that the^{petitioner had submitterl a fake degree} certificate during the^{petitioner'sinitial appointmentand} the same had been the^{basis forissuing the order} impugned, dated O3.O5.2023^{issuedby the 3'd respondent} without considering the explanation^{furnished by the} petitioner, dated 23.01 .2023 in^{respons€r to the show-} cause notice dated^{13.O1.2023 issuedto the petitioner'}

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The order imDuqned Proc. o.763/^{2013-83(Pts. ).} dated o3.o5.202 3 of the^{3'd resDondentis set-asid} and the matter is remitted tot e3tdr soo ndent for reco nsideration of the^exola nation, dalted 23.01. o23 submitted b the^{petitioner rn resDonse to theshow-cuse} the Detitioner ln notice, dated 13.0 .2(J23^isued acc rdance to law, i confor itv with DrrncrD les of^naural ce vidi no rtu of rsona hear to

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the Detitioner. dulv considerin o the observatio^{s of this} Court in its order, dat d 2O.O9.2O22 oassed rn W.P.No.3 6O4 of ZO2!(referred to and extract^{d above)} and oass aoorooriate reasoned orders within^{aoeriod of} four^(O4 ) weeks fro the date of rece IDto t co DV oft he order and dulv communacate the decision to the^oetitioner h ere in.

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