Telangana HC suspends sentence against civic chief

HYDERABAD: A two-judge bench of the Telangana High Court on Tuesday suspended a sentence against a civic official. The bench of Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar made the interim order while admitting a contempt appeal filed by C. Satya Babu. Earlier, a single judge of the court had sentenced the municipal commissioner to six months’ imprisonment for not demolishing structures constructed by Vishwa Bharathi Educational Society. The judge had faulted the civic authority for permitting continued construction contrary to an undertaking given to the court. The judge had found connivance in the silence and consequential contempt. The bench admitted the appeal and suspended the sentence. However, the fine imposed which was paid was made subject to the writ appeal.

 

CGST vires challenged: HC admits case

A two-judge bench of the Telangana High Court on Tuesday admitted two writ appeals challenging Sec. 16(2) (C) and 41(2) of the Central Goods and Services Act. The bench of Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar heard two writ petitions filed by Scan Energy and Power Ltd and others. The petitioner would also challenge the corresponding provisions of the Telangana Goods and Services Act and the search and 86 seizure and the process to recovery of tax and interest thereon. According to the petitioner, the input tax credit is deducted from the source. However, the petitioners are made liable for the failure of intermediary sources in their failure to deposit the money. Senior counsel S. Ravi would contend that the provisions were irrational. He said, “The provisions were bad for ‘Manifest arbitrariness’". The bench stayed further steps against the petitioners.

 

TSWREIS principal’s suspension set aside

Justice P. Madhavi Devi of the Telangana High Court set aside a suspension order of the principal, TSWREIS, at Mahbubabad. The judge was dealing with a writ petition filed by Pandurangi Rupadevi, principal of Telangana Social Welfare Residential Junior College (TSWRJC), challenging an order of suspension passed by the Mahbubabad collector. The petitioner would contend that as per the bylaws and rules governing them, the competent authority to suspend or take any disciplinary action against her was the vice-chairman of the society and not the collector. The petitioner further contended that it was the vice-chairman of the society who should have the power to take disciplinary action against the officers noted under Category 1 and 3 of Class-I and Category 1 to 3 of Class-II and as the petitioner's position falls under Category 3 of Class-II, the collector cannot be said as a competent authority to pass any orders. The judge accordingly set aside the suspension order made on June 8, 2023, with liberty to the appropriate authority to take action in accordance with law, if he chooses to do so.

 

Return certificates, HC directs dental college

Justice S. Nanda of the Telangana High Court directed the Sri Sai College of Dental Surgery, Vikarabad, to hand over all original educational qualification certificates to an aspiring medico candidate. The judge was dealing with a writ plea filed by Kavididevi Padmaja, alleging that the said college has unlawfully retained her educational certificates which were deposited at the time of taking admission for the BDS course for the academic year 2022-23. It is a specific averment of the petitioner that despite making a representation to the said college to return the certificates to enable her to secure her seat in the MBBS course for the 2023-24 academic year, it remained in vain. In the course of the hearing, the petitioner also placed reliance on the identical matter which was decided by the division bench of the High Court by recording that, “We are not expressing any opinion on the right of the respondent college to recover amounts towards the entire course fee or the bond amount of Rs 3 lakh from the petitioner/her parent, but we hold that withholding her original academic qualification certificates is impermissible in law.” The judge accordingly after considering the submissions directed to forthwith release and hand over all the original educational qualification certificates of the petitioner.

 

Nav Durga directors granted bail

Justice K. Surender of the Telangana High Court granted bail to the managerial personnel of Nav Durga Companies including Scan Energy and Power Limited and Rayalaseema Industries (India) Pvt Ltd. The judge was dealing with a bail application against Arun Kumar Dadhichi and Kapoor Chand Kewat, who are arrayed as accused number 3 and 6 respectively in connection with the cases on the file by the Superintendent of Central Tax, Anti-evasion, Rangareddy District for an offence under Section 132(1)(r) of the Central Goods and Service Tax Act. The petitioners were arrested in August 2023. The companies are engaged in the manufacture of ferrous products by direct reduction of iron ore. During preliminary investigation, both SEPL and RIIPL have availed input tax credits without any actual receipt of goods from the firms that are shell companies to the tune of approximately Rs 21 crore. The petitioner would contend that the money was received from entities with GST registration and that the suppliers are existing suppliers. Justice Surender while granting bail recorded a finding that the petitioners were cooperating with the investigation. They were directed to execute a personal bond of Rs 2 lakh each with two sureties like sum. They will also surrender their passport and consequently not travel beyond the territory of India without prior court permission. The judge on similar terms and conditions also granted bail to Chiranjib Das and Rakesh Mourya who were arrayed as accused number 4 and 6 respectively.