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

Nominal IndexMd. Mahboob Ali vs. State of Telangana 2024 LiveLaw (AP) 6G. Srinivas, Dist Adilabad vs. M.D. Singareni Collieries Co. Ltd. 2024 LiveLaw (Tel) 14Siddi Neelam Goud v. State of Telangana 2024 LiveLaw (Tel) 15Telugu Desham Party vs. Union Of India 2024 LiveLaw (Tel) 16M/S. SNM Developers PVT Lmt V. Union of India & Ors. 2024 LiveLaw (Tel) 18Dr. D. Anvesh Kumar Reddy vs. Union of India 2024 LiveLaw (Tel) 19Judgments/orders this week12 Yrs Delay In Issuing Charge Memo, Disciplinary Authority More Focussed On Finding Of Guilt: AP High Court Grants Relief To Staff NurseMd. Mahboob Ali vs. State of Telangana2024 LiveLaw (AP) 6The 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 YrsG. Srinivas, Dist Adilabad vs. M.D. Singareni Collieries Co. Ltd.2024 LiveLaw (Tel) 14The 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.”S.4 Explosive Substances Act Doesn't Apply To Person In Business Of Blasting Rocks Unless 'Malicious Intent To Endanger Life' Shown: Telangana HCSiddi Neelam Goud v. State of Telangana2024 LiveLaw (Tel) 15The 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 PleaTelugu Desham Party vs. Union Of India2024 LiveLaw (Tel) 16Film 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 Reply2024 LiveLaw (Tel) 17The 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 ...

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

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