N.Srinivas, V. The Addl.Commissioner of Income-tax (HQRS)(Admn.)

WP/8723/2005

AI Insights

N. Srinivas, the petitioner, was removed from his position as Upper Division Clerk (UDC) by the disciplinary authority, an action confirmed by the appellate authority. He challenged this removal through O.A.No.1180 of 2002, which was dismissed by the Tribunal on 06.12.2004. Subsequently, he filed a writ petition (W.P.No.8723 of 2005) in the High Court of Telangana. Concurrently, Srinivas faced criminal charges in C.C.No.314 of 2000, resulting in his acquittal on 07.05.2003. However, appeals against his acquittal led to his conviction by the High Court, and the matter is currently pending before the Supreme Court. The High Court of Telangana, considering the ongoing Supreme Court proceedings, chose not to overturn the Tribunal's decision at this stage.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 691643 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 20-10-2022
• Assessment Year: misc
• Laws Referred To: Article 226 of the Constitution of India
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: B SARMA
• Assessee Lawyers: T KANTHA RAO
• Keywords: Acquitted; Criminal charges; Disciplinary Authority; Pending appeals; Removal from service; Writ of Mandamus
• Section: F.No.Con.CCS 9(26)/99/93/9344

Judgement Text

"t{,r [ 3318 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY ,THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO N.Srinivas, S/o N.V.B Ramamurthy, Age 41 years, R/o Plot No.55, Viman Nagar Colony, Balamrai, Secunderabad-500 003. ...PETITIONER AND 1. The Addl.Commissioner of lncome{ax (HORSXAdmn ), o/o Chief Commissioner of lncome-Tax, A.P.Hyderabad 2. Chief Commissioner of lncome{ax l, Andhra Pradesh, Aayakar bhavan, L.B.Stadium Road, Basheerbagh Hyderabad-s0O004. ...RES'ONDENTS Petition under Arlicle 226 of the Constitutaon of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order more so in the nature of writ of mandamus by declaring the order of the Addl.Commissioner of income tax o/o CCIT, A.P.Hyderabad vide proceedings F.No.Con.CCS 9(26)/99/93/9344 DATED 1-1 1- 2000 removing the petitioner from service as confirmed by the Chief Commissioner of lncome Tax, A.P.,Hyderabad as arbitrary, illegal and d isproportionate to the charges leveled against the petitioner and set aside the same including the orders of the Tribunal in O.A.No.1'180 ol 2002 dt.16-12-2004 and consequently direct respondents to reinstate the petitioner with immediate effect Counsel for the Petitioner: SRl. T. L. KANTHA RAO Counsel for the Respondents: SRl. B. NARASIMHA SARMA,SC FOR INCOME TAX The Court made the following: ORDER WRIT PETITION NO: 8723 OF 2005 Between: THE HON,BLE SRj JUSTICE N KUMAR SHAVILI i1 AND THE HON'BLE SRT.TUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.8723 of 2OO5 ORDER: (Per the Hon'l e Si Justice Abl Litond Kumar Shauili) When the matter is taker-r up for hearing, it is contended by the petitioner that the petitioner was working as Upper Division Clerk (UDC) and he was removed from the service by the disciplinary authoritl, uide orders dated O 1 . 1 1 .2000 which were also confirmed by the, appellate authority. Challenging the orders of removal, petitione r has filecl O.A.No.11BO of 2002 and the Tribunal was please d to dismiss the O.A. uide orders dated 06.12.2004. Aggrieved by the same, the present writ petition is {i1ed. 2. It has been contended by the petitioner that he was also tried by the competent CBI Court in C.C.No.314 of 2O00 and he was acquitted of the said criminal charge urde orders dated 07.05.2003. Aggrieved by the same, Criminal Appeal Nos.30, 31 & 35 of 2OO5 were preferred before this Court and this Court was pleased to convict the petitioner uide orders dated 16. 12.2OO4. Aggrieved by the same, the petitioner has approached the Hon,ble t i ATS,J&RRN,J W.P.No.8723 of 2AOS Supreme Court by filing Criminal Appeal Nos.2O2, 203 & 2O4 of 2OI2 and the same are pending before the Hon'ble Supreme Court 3. This Court, having considered the said contentions of the petitioner, is of the considered view that as the conviction is starring at the petitioner and appeals are pending before the Hontrle Supreme Court, at this stage, this Court is not inclined to interfere with the orders passed by the Tribunal. If the petitioner is finally acquitted by the Hon'ble Supreme Court in the Criminal Appeal Nos.202, 2O3 & 2O4 of 2012, then petitioner is at liberty to pursue his remedies in accordance with law. 2 4. With these observations, Writ Petition is accordingly closed. There shall be no order as to costs. 5. As a sequel, miscellaneous applications pending, if in this Writ Petition , shall stand closed. SD/.C. PRAVEEN KUMAR ASSISTANT REGISTRAR , //rRUE coPY// __ eW / SECTION OFFICER I I To, BS 1. One CC to SRt. T. L. KANTHA RAO, Advocate [OpUC] ? 9ne 99 to SRt. B. NARASTMHA SARMA, navoiale iopucl 3. Two CD copies Bs6. B IVI I ; I HIGH COURT DATED:20110t2022 ORDER WP.No.8723 ol 2005 CLOSING THE WRIT PETITION WITHOUT COSTS D Gdr, \"?nb},,, a + Cx s\" rT A) lrl T, t- & o l, s* s :-) : ia c' .$ I i "