Is transfer of an officer facing disciplinary proceedings a reward or punishment?
Telangana High Court posed this question to State government on being informed that Adilabad Municipal Commissioner Maruti Prasad, against whom an inquiry was launched for permitting construction of a commercial complex in a land meant for hostel for students, was posted as Jagtial Municipal Commissioner. A bench of Chief Justice Hima Kohli and Justice B. Vijaysen Reddy, recently hearing a PIL petition on illegal constructions in government land allotted to build hostel for students, expressed dissatisfaction over the delay in initiating action against the officer responsible for allowing the illegal structure to come up.
State government allotted land to Munnuru Kapu Sangham in Adilabad for construction of hostel for students. In September of 2019, a person filed PIL petition alleging that the Sangham began constructing a commercial complex in the allotted land. The HC issued notices to the officers concerned and the State government to explain their stand.
In February of 2020, the government informed the court that Municipal Commissioner had stopped the illegal construction taken up by the Sangham. The HC, however, observed that it was surprising that the Commissioner did not take any action against the Sangham for undertaking unauthorised construction. The HC then instructed the Municipal Administration Principal Secretary to act against the Commissioner. During the next hearing, it instructed the Principal Secretary and the Commissioner to personally appear before the bench for failing to initiate steps against the unauthorised construction.
As per the court order, Principal Secretary Arvind Kumar and Commissioner C.V.N. Raju, who had taken charge replacing Maruti Prasad, appeared before the court. When the matter came up for hearing recently, the bench headed by CJ Hima Kohli wondered if the government rewarded Maruti Prasad when Special Government Pleader Sanjeevi Kumar informed it that he was posted as Jagtial Municipal Commissioner.
“What is the status of the disciplinary inquiry against him? Any action taken against him?” the CJ asked. The SGP sought time to furnish further details on the matter. The bench instructed the government to file status report on the matter along with details of action initiated against officers responsible for permitting illegal constructions by July 1.
