Andhra Pradesh & Telangana High Court Weekly Round-Up: 22 -28 January, 2024

Nominal Index

Md. Mahboob Ali vs. State of Telangana 2024 LiveLaw (AP) 6

G. Srinivas, Dist Adilabad vs. M.D. Singareni Collieries Co. Ltd. 2024 LiveLaw (Tel) 14

Siddi Neelam Goud v. State of Telangana 2024 LiveLaw (Tel) 15

Telugu Desham Party vs. Union Of India 2024 LiveLaw (Tel) 16

M/S. SNM Developers PVT Lmt V. Union of India & Ors. 2024 LiveLaw (Tel) 18

Dr. D. Anvesh Kumar Reddy vs. Union of India 2024 LiveLaw (Tel) 19

Judgments/orders this week

12 Yrs Delay In Issuing Charge Memo, Disciplinary Authority More Focussed On Finding Of Guilt: AP High Court Grants Relief To Staff Nurse

Md. Mahboob Ali vs. State of Telangana

2024 LiveLaw (AP) 6

The Andhra Pradesh High Court has set aside disciplinary proceedings stretched over 12 years against a staff nurse holding that none of the rules laid down under the AP Civil Services (Classification, Control and Appeal) Rule 1991 were followed, and it seemed like the disciplinary authority had been more anxious to hold the accused guilty of the charges contrary to the facts and circumstances and evidence.

“On perusal of the material on record, it appears that the charge framed against the petitioner pursuant to the charge memo is not specific, definite and properly descripted and it is in general in nature with omnibus allegations relating to her entire period of service at particular station i.e. Ubalanka Primary Health Centre for the period from 1997 to 2009, such a charge cannot be enquired and which is contrary to Rule 20(3)(i) of APCS(CCA) Rules, 1991.” Justice Venkateshwaralu Nimmagadda held.

Can't Be Kept Out Of Work When No Disciplinary Proceedings Were Initiated: Telangana High Court Reinstates 'Badli Filler' Worker After 32 Yrs

G. Srinivas, Dist Adilabad vs. M.D. Singareni Collieries Co. Ltd.

2024 LiveLaw (Tel) 14

The Telangana High Court has directed the Singareni Collieries Company to reinstate a Badli Filler and pay consequential benefits of 32 years holding that the Badli Filler/petitioner could not be kept out of service as he was neither issued posting orders after his transfer nor were any disciplinary proceedings initiated to investigate into his apparent unauthorized absence.

Justice Juvvadi Sridevi referring to Delhi Transport Cooperation v. DTC Mazdoor Congress held “The aforesaid judgments relied on the learned counsel for the petitioner support his case, as in this case also, the petitioner was kept out of service as he was neither issued any posting orders after his transfer to Ramakrishnapur area nor any disciplinary proceedings were initiated for his alleged un- authorized absence. Therefore, the petitioner is entitled for with all consequential benefits.”

Siddi Neelam Goud v. State of Telangana

2024 LiveLaw (Tel) 15

The Telangana High Court has partly allowed the discharge petition moved by a person in the business of blasting rocks, booked under Section 4 of the Explosive Substances Act, 1908 [attempt to cause explosion] for storing explosives in excess of the prescribed limit.

“it is not the case of the police that the explosives are kept for making an attempt to cause an explosion or keeping explosives with an intention to endanger life or property. Accordingly, Section 3 of the Act of 1908 is not attracted since there is no explosion which was caused even according to the charge sheet. Section 4 punishes any attempt to cause unlawfully and maliciously, further possessing any explosive substance to endanger life or to cause serious injury to property is made punishable. There is no such allegation in the charge sheet.' Justice K Surender held.

Filmmakers Have No Unbridled Right To Tarnish Reputation Of Political Party: Telangana High Court Quashes Censor Certificate Of 'Vyuham' On TDP's Plea

Telugu Desham Party vs. Union Of India

2024 LiveLaw (Tel) 16

Film makers have no unbridled right to tarnish the image and reputation of any political party, the Telangana High Court said recently while quashing the certificate issued to the producers of the Film Vyuham for theatrical release.

Justice Surepally Nanda held “"...film makers have no unbridled right to tarnish the image and reputation of any individual or political party or Institution. Reputation is the jewel that cannot be bought and is built over the years and a person who is robbed of it is no less than a destitute... The right to preserve ones reputation is acknowledged as a right in rem i.e., a right against the entire world."

Telangana High Court Suspends Order Terminating Services Of Additional Public Prosecutor, Directs State To File Reply

2024 LiveLaw (Tel) 17

The Telangana High Court has suspended a Government Order terminating the services of an Additional Public Prosecutor appointed to represent the State before the Sessions Judge, Bodhan till the State files a response in the matter.

The bench noted that the principles of natural justice were not followed in the matter and ordered "A perusal of the impugned order would show that no notice was issued to the petitioner for any explanation nor conducted any enquiry before passing Impugned order, which amounts to gross violation of principles of natural justice. Therefore, pending filing of the counter-affidavit, there shall be interim suspension, as prayed for.”

Telegraph Act | When Central Govt Allows Laying Of Electricity Lines, Licensee Need Not Notify Or Seek Permission From Landowners: Telangana HC

M/S. SNM Developers PVT Lmt V. Union of India & Ors.

2024 LiveLaw (Tel) 18

The Telangana High Court has dismissed a plea filed by M/s SNM Developers Pvt Limited praying for stoppage of laying of overhead electricity transmission lines over the property of the developers by holding that when the Central Government confers upon any licensee the power to lay electricity lines, the licensee does not need to notify or seek permission from landowners and the provisions of the Telegraph Act, 1885 will apply.

The DIvision Bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti held “The Telangana High Court has dismissed a plea filed by M/s SNM Developers Pvt Limited praying for stoppage of laying of overhead electricity transmission lines over the property of the developers by holding that when the Central Government confers upon any licensee the power to lay electricity lines, the licensee does not need to notify or seek permission from landowners and the provisions of the Telegraph Act, 1885 will apply.”

Medical Graduates & Post-Graduates Shouldn't Be Burdened With Bond Conditions, Contrary To Natural Justice: Telangana HC Allows Relief To 23 Students

Dr. D. Anvesh Kumar Reddy vs. Union of India

2024 LiveLaw (Tel) 19

The Telangana High Court has partially suspended a notification issued by the Director of Medical Education whereby a fine of INR50,00,000/- was sought to be levied on Postgraduate super speciality medical students who failed to report for Compulsory Resident Specialist Posting on 25th January.

Justice N.V. Shravan Kumar held “The Government Order dated 06.09.2017 and the conditions stipulated therein were not backed by any statutory power and the National Medical Commissioner in its meeting also held that the medical graduates and post graduates pursuing any course should not be burdened with any bond conditions which is contrary to the principles of natural justice."

Other developments

Andhra Pradesh High Court Issues Notices On Pleas Questioning Competency Of Govt Pleader, AGPs

The Andhra Pradesh High Court has issued notice to the State, Ministry of General Administration and Law and Legislative Affairs of the State on a batch of pleas challenging the appointment of the Government Advocate and two AGPs allegedly made against the provisions of AP Law Officers (Appointment and Conditions of Service) Instructions, 2000.

The Government relied on the State of Andhra Pradesh v. Pushpendar Kaur to contended that for political appointments, doctrine of pleasure shall be implemented.
Notice was issued by the Court to the official respondents of the State and the Advocate General and personal notice was allowed to the Advocate General in his personal capacity.

What If Student Loses One Arm Mid-Course? Telangana High Court Asks In Plea Challenging 'Both Hands Intact' Requirement For MBBS Admissions

The Division Bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti have adjourned the case filed challenging the Regulation mandating that both hands should be intact with sensation, sufficient strength and range of motion" as essential to be considered for MBBS Course.

“If the student was not disabled but loses a hand during the course, what will you do?" Justice Anil Kumar Jukanti questioned.