Telangana HC quashes PIL against civil servants

Hyderabad: A two-judge PIL panel of the High Court comprising Chief Justice Hima Kohli and Justice Vijaysen Reddy on Wednesday dismissed a PIL filed by Vijay Gopal directing the government to constitute a mechanism where complaints against IAS, IPS and IFS officers can be received from public for their willful deviations from laws with a […]

Hyderabad: A two-judge PIL panel of the High Court comprising Chief Justice Hima Kohli and Justice Vijaysen Reddy on Wednesday dismissed a PIL filed by Vijay Gopal directing the government to constitute a mechanism where complaints against IAS, IPS and IFS officers can be received from public for their willful deviations from laws with a framework on timelines, penalties on the promotion of repetitive violation.

It is contended by the petitioner a social worker that there is no such mechanism in place to declare the Department of Personnel to transfer it to Principal Secretary to the Chief Minister. The panel opined that this PIL is misconceived and gross misuse of public interest litigation and declined to entertain such a PIL for inaction. The panel observed that persons aggrieved by such violations by the bureaucracy can always approach the court.

Step-by-step survey

The Panel refused to entertain a writ plea against Gongidi Sunitha, MLA of Alair Assembly Constituency only because she is a local MLA who belongs to the ruling regime. The panel observed that no allegations were brought against the MLA in the context of large-scale land grabbing of over 500 acres to agitate under the garb of a PIL. The panel was dealing with a PIL filed by Boreddi Ayodya Reddy.

The Government of Telangana was directed to file a step-by-step survey in a government encroached land in Ramlingam Palli Village. The panel also opined that the State government need not be pushed and plodded to protect its own land by the court. The matter is posted to November 10 for further hearing.

‘Update GOs on websites’

The Panel was critical of the government not posting its orders on the official website of the government. It directed the Telangana government to place on its website every Government Order within 24 hours of its approval on its respective department websites.

The order came to be passed in a PIL filed by Watch Voice of the People complaining of arbitrariness in working the Dalit Banchu scheme. It is contended by the petitioner that no guidelines, polices, schemes or regulations with regard to identification, application and selection of eligible beneficiary families for transfer of Rs 10 lakh under the Dalit Bandhu scheme was in place. It was contended that 76 Dalit families of Vasalamari Village were adopted in a hasty manner by the Chief Minister of Telangana.

Justice Vijaysen Reddy then pointed to the announcement of the Chief Minister that the scheme is not restricted to the select group but to all families. The Advocate General for the Government of Telangana contended that guidelines have been put in place. The same was approved before the House by the Chief Minister in March 2021 and the funds are being released. The said submissions of BS Prasad the Advocate General were recorded and the PIL dismissed.

Medical scarcity

The Panel expressed its disappointment with how the government has been handling the medical scarcity with respect to malaria, dengue and swine flu in Government Hospitals. In a PIL filed by Rapolu Bhaskar Netha contended that majority of the patients are forced to get admitted in private hospitals which collect huge amounts from poor people. S Niranjan Reddy, Senior Counsel, an amicus curiae in this matter contended that the report filed by Commissioner of Health and Family Welfare and Greater Hyderabad Municipal Corporation is silent with respect to malaria and dengue. The panel directed the government to file a detailed report and also focus on the pre-monsoon activities undertaken by the Department for dengue and malaria. The matter is adjourned to September 15 for further hearing.

Kokapet lands

The panel voiced its complete displeasure at the manner in which it was dealing with the lands covered by GO 111 in comparison to the Kokapet lands. The panel did not appreciate the visible approach of the government in refusing the case of Agni Agrotech for exclusion from the Government Order but proceeding to fill its kitty by selling lands for multi storied buildings at Kokapet. What happens to the Kokapet lands? What studies were undertaken by the government the Chief Justice asked. The post lunch session witnessed the Chief Justice bombarding a volley of questions at the government and the Senior Counsel S Niranjan Reddy appearing for HMDA. The panel adjourned the matter to Monday and told the government to keep the amounts from the auction in a separate account.

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