HYDERABAD: The Telangana High Court has dismissed a writ appeal filed by the state government against a single judge’s order that quashed GO Ms. No. 14 of the School Education (Vigilance) department, dated April 12, 2023, under which a junior stenographer at Jawahar Bal Bhavan was dismissed from service.
A bench upheld the judgment dated June 14, 2024, which set aside the dismissal and directed the grant of consequential benefits. The case arose from disciplinary proceedings alleging that the employee had secured promotion and service benefits by producing a fake degree certificate.
The matter dates back to 2002, when D Ramachander, now 54, was promoted as senior assistant. In 2007, disciplinary action was initiated on allegations of submission of a fake degree certificate. This led to his suspension, reinstatement and the initiation of parallel criminal proceedings.
In 2010, a criminal court acquitted him after examining the evidence, granting the benefit of doubt. Departmental proceedings, however, continued and resulted in an order in 2017 reducing him to the post of junior stenographer, along with recovery of excess payments.
Invoking Rule 40 of the Telangana Civil Services (CCA) Rules, the government later enhanced the penalty and dismissed him from service in 2023. This order was challenged before the high court and was set aside by the writ court, leading to the present appeal.
Dismissing the appeal, the bench held that enhancement of punishment under Rule 40 was not justified in the circumstances, particularly as the employee had accepted the earlier penalty and had been acquitted in the criminal case on the same allegations. The court also noted that the State Public Service Commission had advised against dismissal.
While upholding the quashing of the dismissal, the bench clarified that the employee would be reinstated only to the reduced post of junior stenographer, in line with the 2017 order, and would be entitled to arrears of salary from the date of dismissal until reinstatement.