Telangana HC chides collector for unilaterally filing appeal on state’s behalf

HYDERABAD: The Telangana High Court faulted the practice following by district-level officers in filing cases before it stating that they are representatives of the State government, and accountable.

Chief Justice Ujjal Bhuyan said that even top officers like district collectors and executive engineers are not aware of a basic thing that only an officer with the rank of secretary to the government, can represent the state, especially while filing an appeal against orders. At least, they should have gotten approval from the legal department. The court observed that if any officer on his own discretion can file cases claiming to represent the state, then the litigation would increase and subsequently burden the government.

The division bench, headed by the Chief Justice, made the remarks while hearing an appeal filed by the district collector of Nalgonda and executive engineer of panchayat raj Miryalaguda division, challenging the single-judge
orders which had directed the district officers to immediately execute CSR
developmental works with the sanctioned amounts in Veerlapalem village of
Dameracharla Mandal ,where the Yadadri Thermal Power plant is coming up.

As part of the CSR initiative, TS GENCO allocated Rs 4.20 crore in 2020 based
on the representation filed by the villagers. The collector, Nalgonda, granted administrative sanction for 77 works after receiving the first installment. However, the collector did not release any amount citing several reasons. Challenging the single judge order to execute the works with the sanctioned amount, the collector filed an appeal before the division bench.

Prima facie, the bench stated that the two officials cannot represent the state in filing of appeals.