Official's punishment by disciplinary authority invalid: Telangana HC

Justice N.V. Shravan Kumar of the Telangana High Court declared that any order passed at the instance of the higher authority without application of mind by the disciplinary authority is illegal. The judge accordingly set aside the punishment of a cut of two increments with cumulative effect against B. Shiva Prasad, deputy executive engineer in the irrigation department. 

Disciplinary proceedings were issued against Prasad, the petitioner, in 2006 with regard to payment made for cement concrete road bits at Nandimalla (V) crossroads and at



Mitta Nandimalla Erladinne (V) in Mahbubnagar district. His case was referred to the commissioner of inquiries who submitted a report in 2011 holding that the charges were not proved. 

The government, however, proceeded to impose the cut in two increments. Opposing this, the petitioner said the government should have given him a chance to explain. The judge also found that disciplinary proceedings initiated against 12 similarly situated officers for the very same cause were dropped.