The Telangana High Court dismissed the State government’s appeal against quashing the dismissal of a Jawahar Bal Bhavan employee accused of using a fake degree. The Court held that enhancing punishment after acquittal and earlier penalty was unjustified, allowing reinstatement as junior stenographer with back wages.
The Telangana High Court has dismissed a writ appeal filed by the Telangana government against an earlier order passed by a single judge, which had quashed the dismissal of a government employee working at Jawahar Bal Bhavan.
The Division Bench upheld the judgment dated June 14, 2024, and confirmed that the dismissal order issued by the government was not legally sustainable.
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The case relates to a junior stenographer employed at Jawahar Bal Bhavan who was removed from service under Government Order (GO) Ms. No. 14 of the School Education (Vigilance) Department dated April 12, 2023.
The dismissal was based on allegations that the employee had obtained promotion and other service benefits by submitting a fake degree certificate.
The employee involved in the case is D Ramachander, now aged 54. His service history dates back to 2002, when he was promoted to the post of senior assistant. Several years later, in 2007, disciplinary proceedings were initiated against him after allegations surfaced that he had produced a fake educational qualification certificate to secure promotion.
Following these allegations, Ramachander was placed under suspension. He was later reinstated, but disciplinary proceedings continued alongside a criminal case based on the same allegations.
The criminal trial concluded in 2010, when the court acquitted him after examining the evidence. The acquittal was granted on the benefit of doubt.
Despite the criminal court’s decision, departmental proceedings were continued by the authorities. These proceedings ultimately resulted in an order passed in 2017, by which Ramachander was reduced in rank from senior assistant to junior stenographer.
In addition, the government ordered recovery of the excess salary paid to him during the period he held the higher post.
Years later, the government invoked Rule 40 of the Telangana Civil Services (Classification, Control and Appeal) Rules to enhance the punishment. Based on this provision, the authorities passed a fresh order in 2023 dismissing Ramachander from service altogether. This dismissal order was challenged before the Telangana High Court by filing a writ petition.
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The single judge of the High Court allowed the petition and quashed the dismissal order, holding that the government had acted wrongly in enhancing the punishment after a long delay. The single judge also directed that Ramachander be given consequential benefits.
Aggrieved by this decision, the state government filed a writ appeal before a Division Bench of the High Court. However, the Bench dismissed the appeal and upheld the earlier judgment.
While rejecting the government’s arguments, the High Court observed that enhancement of punishment under Rule 40 was not justified in the facts of the case.
The Bench specifically noted that the employee had already accepted the punishment imposed in 2017 and that he had been acquitted in the criminal case arising from the same allegations.
The Court also took note of the opinion of the State Public Service Commission, which had advised against imposing the extreme penalty of dismissal from service. The Bench held that ignoring this advice without strong reasons was not appropriate.
While upholding the quashing of the dismissal order, the High Court clarified that Ramachander would not be reinstated to his earlier promoted post. Instead, he would continue in service only as a junior stenographer, as per the penalty imposed in 2017.
The Court further directed that he would be entitled to arrears of salary from the date of his dismissal till the date of his reinstatement.
With this decision, the Telangana High Court brought an end to a long-running service dispute, holding that the government’s decision to dismiss the employee after many years and despite an acquittal was unfair and legally unsustainable.
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