Calling a single judge’s order on a petition strange, a division bench of the Telangana High Court headed by chief justice Satish Chandra Sharma on Monday, asked the registry to place records pertaining to the petition filed by Sandhya Convention MD Sridhar Rao and his wife and list it as the first case on Tuesday.
The division bench expressed surprise over “how a single judge could pass such strange order”, on the petition by the couple seeking a direction to the police not to take coercive action against them in respect of complaints relating to civil and commercial disputes between the petitioners and their customers and others. After perusing the writ petition, the single judge had directed police authorities concerned not to arrest the petitioners for any crimes relating to civil and commercial transactions until further orders.
Aggrieved by the single judge order Kushi Chand Vadde, one of the victims, filed an appeal before the division bench. The petitioner contended that the single judge order is bad in law, contrary to the facts and circumstances of the case. The judge ought not to have decided the course of future cases to be filed against the Sandhya Convention MD Sridhar Rao and his wife by giving blanket protection, contrary to law. The judge ought to have seen that no mandamus can lie against a future action or in anticipation of action and therefore no stay or relief could have been granted in anticipation of future cases to be filed against them. He asked the bench to set aside the order passed by the single judge on December 31, 2021.
GO on mutual transfers of teachers set aside
In a setback to the State government, the Telangana High Court on Monday struck down the GO (No. 402) which allowed mutual transfers of government teachers within erstwhile districts on the ground that the orders were in conflict with the new Presidential Order brought in after formation of new districts. Justice B Vijaysen Reddy passed the Interim Order on Monday suspending the G.O. while hearing a batch of three cases filed by 64 members of Secondary Grade Teachers from Jayashankar Bhupalapally district challenging the G.O.
The counsels for the petitioners N S Arjun Kumar and M Ramgopal Rao argued that though the new Presidential Order permitted the transfer of employees from one local cadre to another local cadre on a reciprocal basis (mutual transfer), it was subject to those transferred foregoing their seniority in the previous local cadre and shall be assigned the last rank in the new local cadre. This condition was removed by way of G.O. Rt. 402 issued by the government. The counsels submitted that the State government did not have the power to amend the Presidential Order by way of executive instructions in the form of G.Os.
The counsels argued that in case the condition of foregoing seniority has to be removed, it has to be done by the President by way of amendment and not the State government. They contended that the action of the State government was violative of Article 371-D of the Constitution.The hearing of the cases was adjourned till June 20.
HC seeks status report on industries polluting ORR
The Telangana High Court on Monday asked the State government to submit a status report on pollution-causing industries located within the Outer Ring Road (ORR) of Hyderabad, Rangareddy and Medak district and on the health issues among people living in the vicinity.
A bench comprising Chief Justice Satish Chandra Sharma and Justice Abhinand Kumar Shavili gave the direction during a hearing on a PIL filed by P Lakshmi Narasimha Rao, an environmentalist and social worker from Hyderabad seeking a direction to the Telangana government to initiate stringent action against the polluting industries within the limits of ORR which are emitting toxic and hazardous gases due to which the health of the people living in the vicinity of such industries was being seriously affected. The petitioner also sought their shifting to areas outside the ORR.
The petitioner is aggrieved by the inaction of the government in not implementing the GOs which lay down that it is mandatory to shift polluting industries compulsorily to the outside of ORR. After hearing the petitioner, the court adjourned the PIL to someday after summer vacation while directing the State to file the latest status report.