M. Srinivasa Rao vs. The State Of Telangana
Held
The Court held that the appellate authority acted without proper jurisdiction and failed to consider the petitioner's contentions. The punishment imposed was not justified as the disagreement note was not properly issued and contentions were not considered in the correct perspective.
Facts
The petitioner, a Deputy Commercial Tax Officer, was issued a charge memo for alleged irregularity in finalizing an assessment. Despite reports from the disciplinary authority and inquiry officer stating no loss of revenue and charges not proved, the appellate authority imposed a penalty of stoppage of two annual grade increments.
Key Issues
Whether the appellate authority can impose a penalty when the disciplinary authority and inquiry officer found no charges proved and no loss of revenue? Whether the procedure for disagreement with inquiry findings was followed correctly?
Sections Cited
Rule 20, Rule 21(2)
AI-generated summary — verify with the full judgment below
[ 321e I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRIT PETITIO N NO:20751 OF 2020 Between: M- Srinivasa Rao, S/o M. Narasimha, Aged 50 Years,-Occ' Dy' Commercial i;offi;i o7o'ov. Commissioner of-Commercial Taxes, Abids Division Hyderabad, Telangana State. ...'ET'T.ONER AND 1, The State of Telangana, Rep. by its Principal.secretary, to the Government ' Revenue Departm6nt Secreiariit Saifabad, Hyderabad'
The Commlssioner of Commercial Taxes, Government of Telangana' Nampally, HYderabad. 3 i[; F;;;ieai Secretary to the Government, Revenue (Vrgilance-ll) - Oepartment State of T6langana, Secretariat, Saifahad Hvderabad' ...RESPONDENTS Peiltion under Article 226 of lhe constitution of India praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an appropriate writ or order or Direction more particularly one in the nature of Writ of Mandamus. A) By declaring the entire action of the respordents, particularly the entire action of the 1st respondent in issuing the pr
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