Hyderabad: A two-judge panel of the Telangana High Court stayed an order directing vigilance probe into alleged pan-India recruitment irregularities at Can Fin Homes Ltd. The panel comprising Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar was hearing a writ appeal filed by the company challenging the earlier order and the maintainability of the writ petition. In the previous round of litigation, a single judge observed that although the company is a private housing finance entity incorporated under the Companies Act 2013, the involvement of Canara Bank officials holding key positions on its board and management justified judicial intervention. The single judge noted allegations of undue influence in recruitments, including forwarding profiles of unqualified candidates through WhatsApp and and exerting pressure to secure their appointments. The case originated from a complaint by whistleblower Manoj K. Badal, a former employee, who alleged systemic irregularities in the company’s nationwide recruitment process. He contended that his complaint to the audit committee was met with retaliation, including transfers, suspension and disciplinary proceedings. In appeal, counsel for the appellant argued that the company is a private entity and does not fall within the ambit of Article 12 of the Constitution. It was contended that the dispute pertains to internal recruitment and service matters and cannot be converted into a public law issue by impleading regulatory bodies such as the Central Vigilance Commission and the Reserve Bank of India. Counsel further submitted that the Reserve Bank of India has no authority to intervene in employment disputes within housing finance companies and that such directions lack statutory backing. It was also argued that the public function test is not satisfied, as housing finance activities are commercial in nature and not sovereign functions. Opposing the appeal, counsel for the writ petitioner argued that the allegations disclose a clear public law element warranting regulatory scrutiny. It was argued that officials of the financial institution fall within the definition of public servants under applicable regulatory frameworks, thereby attracting external oversight. After hearing the parties, the panel without expressing any opinion on the merits, observed that the writ petition appeared to have been entertained without jurisdiction. The panel accordingly stayed the impugned order and directed that the matter be placed before the appropriate Bench for further consideration.
HC issues contempt notices to HYDRAA officials
Justice C.V. Bhasker Reddy of the Telangana High Court issued contempt notices to HYDRAA commissioner A.V. Ranganath and senior officials from multiple departments/authorities in connection with demolitions carried out by HYDRAA on April 11 at Ailapur, Sangareddy. The contempt plea was filed by M.A. Shareef, a nonagenarian agriculturist from Ailapur village in Ameenpur mandal, Sangareddy district. Earlier, the court restrained HYDRAA and other authorities from interfering with existing constructions and directed them to follow due process in cases involving alleged Full Tank Level (FTL) encroachments. The petitioner claimed longstanding ownership of 36.37 acres across multiple survey numbers, relying on pattadar passbooks, registered sale deeds dating back to 1959, and prior judicial findings in his favour. He claimed his possession remained undisturbed for decades and was supported by extensive documentary evidence placed before the Court. Arguing for the petitioner, Deepak Misra contended that on April 11, at around 4.30 am, a large contingent of officials, accompanied by police personnel, entered the subject land and carried out demolition using heavy machinery. Structures including a farmhouse, storage units, servant quarters, cattle sheds and compound walls were allegedly demolished. It was further alleged that CCTV equipment was seized and caretakers were subjected to intimidation. Deepak Misra further argued that the operation reflected a deliberate attempt to overreach the directions of the Court, amounting to wilful disobedience and violation of due process. It was also contended that the timing of the operation, during pre-dawn hours, and on a holiday, was intended to prevent the petitioner from seeking immediate legal recourse. Justice Bhasker Reddy accordingly ordered notices to the HYDRAA Commissioner; concerned inspectors and the tahsildar; the district collector and joint collector of Sangareddy; revenue officials of Ameenpur mandal; officials of GHMC and panchayat authorities; and the Station House Officer of Ameenpur Police Station for alleged wilful disobedience of its order.
Disclaimer : This story is auto aggregated by a computer programme and has not been created or edited by DOWNTHENEWS. Publisher: deccanchronicle.com
