Hyderabad: Justice K. Surender of the Telangana High Court set aside the conviction against a senior assistant in the Tandur mandal revenue office (MRO). The judge pointed out that it was for the prosecution to prove their case beyond reasonable doubt. The judge allowed an appeal filed by Kotla Narsimlu, who was arrayed as accused for an offence under the Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for a period of two years. Accordingly, a trap was made on the petitioner, on allegations of having received `5,000 for fixing the boundaries of some land. The special judge found that the demand as stated by P.W.1 was convincing and the recovery corroborated with the version of demand. Further the amount was passed on by the appellant to the second accused. It is the case of the appellant that a false case was foisted against him. He said that when the appellant was placing a file in the almirah, PW1 had thrust the amount in his pocket. The version of the appellant is probable and there is no explanation by the prosecution regarding the amount recovered from A2. In the said circumstances, there arises any amount of doubt regarding the prosecution version being correct and accordingly sought reversal of the judgment. The judge also pointed out the specific time frame of the trap party accosting the appellant after the signal was received also not reflected from the record. In the absence of any evidence, it cannot be assumed that the appellant went to the room of A2 and placed the amount in his table drawer. The judge accordingly allowed the appeal and set aside the sentence.
Tolichowki pan shop owner
moves HC against police
Justice B. Vijaysen Reddy of the Telangana High Court took on file a writ plea challenging the actions of state police authorities in not considering the representations of a pan shop owner for alteration of the sections under which the complaint is registered against accused. The judge was hearing a writ plea filed by Shaik Asad, who runs a pan shop in Tolichowki. The petitioner alleged that police had failed to act on his representation for altering the sections of offences by receiving evidence. The case of the petitioner was that he was attacked brutally by the accused upon him insisting payment for the cigarettes and pan consumed by the accused. He contended that the accused persons brought logs, sticks and knife to kill the petitioner. However, they were unsuccessful as the petitioner managed to escape the attack. Upon a complaint made by the petitioner in the local police station, the police registered an offence under section 324 of the IPC, which is a bailable offence. The petitioner further alleged that the respondents ignored several requests made by the petitioner for registering a case for attempt to murder under Section 307 IPC against the accused, who is an influential person. The court, upon perusal of the medical reports filed by the petitioner, directed the respondent police authorities to submit an investigation report within two weeks and adjourned the matter for further hearing.
HC to hear contempt case against SBI chairman and CGM
The Telangana High Court will hear a contempt case against the chairman and chief general manager of State Bank of India (SBI) pertaining to non-consideration of an employee’s promotion. A two-judge panel, comprising Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar took on file a contempt case filed by K. Ananda Prasad alleging that the respondents failed to consider his promotion despite directions passed by the panel earlier. The petitioner filed a writ plea earlier challenging the action of the respondents in not including the petitioner’s name for promotion to the post of senior management grade scale. The single judge disposed the writ plea holding that the petitioner was not entitled to claim promotion as an indication of a fall in the standard of an employee may be a salutary practice, which conduces administration efficiency. The single judge also held that the same was different from holding that non- communication of ‘downgrading’ vitiates the very selection. The decision of the single judge was challenged by the petitioner through a writ appeal before the panel. After hearing the parties, the panel allowed the writ appeal and held that an adverse entry made in the annual confidential report of a public servant needs to be communicated to the concerned employee within a reasonable time. The panel also observed that the employee then reserves an opportunity to submit a representation against the entry if he feels it is unjustified. The panel further held that non-communication of the adverse entry against the petitioner was arbitrary and in violation of the Constitution. Accordingly, the panel directed that the respondents consider the case of the petitioner for promotion to the post of senior management scale V within four months. The petitioner alleged that despite directions of the panel, the respondents failed to comply with the same. After hearing the petitioner, the panel directed the counsel for the respondents to get instructions about compliance with orders passed by the panel and posted the matter for further hearing.
Medical prof. challenges denial of transfer to preferred place
Justice Pulla Karthik of the Telangana High Court took on file a writ plea challenging the decision of the state health department pertaining to the transfer of a medical professor. The judge was hearing a writ plea filed by M. Appa Rao, who alleged that he was promoted to the position of professor of anesthesia but was assigned to the government medical college, Bhadradri Kothagudem, a location he did not opt for. The petitioner argued that there were still vacancies at his preferred locations, which were disregarded by the respondents. The counsel for the respondent sought additional time for seeking instructions. Accordingly, the judge posted the matter for further adjudication.
No coercive measures against land owners: Shadnagar municipality told
Justice T. Vinod Kumar of the Telangana High Court passed an interim order restraining Shadnagar municipality from taking any coercive measures against land owners and dispossessing them. The judge was dealing with a writ plea filed by Taida Mahesh Dinna and others, who alleged that the municipality sought to take possession of the land without issuing any notice or following due process of law. However, the respondent authorities contended that the land is intended for road construction. After hearing the parties, the judge directed the respondents to submit relevant documents and scheduled the matter for further hearing.
