(1) Where any holder of an elective office or any officer or authority makes any appointment in contravention of the provisions of this Act,-
(a) it shall be deemed in the case of the holder of an elective office that he has abused his position or power and Regulation of recruitment.
Salary bills not to be passed.
Penalties.
4 [Act No.24 of 1997] accordingly the competent authority shall initiate proceedings for his removal; and
(b) in the case of an officer or authority it shall be deemed that he is guilty of misconduct and competent authority shall initiate action under the relevant disciplinary rules.
(2) In addition to taking action under sub-section (1), the pay and allowances paid to the person whose appointment is in contravention of the provisions of this Act shall be deemed to be an illegal payment and a loss to the Government or, as the case may be, to the concerned institution and the same shall be recoverable by surcharging the same under the 6Telangana State Audit Act, 1989 against the person, officer or authority who makes such appointments in contravention of the provisions of this Act or where such surcharge is not possible under the said Act, it shall be recoverable in accordance with such manner as may be prescribed including as arrears of the land revenue.
6. No person who is appointed in violation of the rule of reservation and is continuing as such at the commencement of this Act shall have or shall be deemed ever to have a right to claim for regularisation of services on any ground whatsoever and the services of such person shall be liable to be terminated at any time without any notice and without assigning any reasons.
Explanation:- For the removal of doubts it is hereby declared that the termination of services under this section shall not be deemed to be dismissal or removal from service within the meaning of article 311 of the constitution and as of any other relevant law providing for the dismissal or
6. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Bar for regularisation of services.
Act 9 of 1989.
[Act No.24 of 1997] 5 removal of employees but shall only be deemed to be termination simplicitor, not amounting to any punishment.
7. For the purpose of enforcing the provisions of this Act, it shall be competent for the Government, or any Head of the Department of the Government to issue such directions as they may deem fit to their subordinates and where any subordinate officer is guilty of non-compliance with such directions, it shall be deemed that he is guilty of misconduct for proceeding under the relevant disciplinary rules.
8. Notwithstanding anything contained in any judgement, decree or order of any court, tribunal or other authority the claims for regular appointment of all such irregular appointments in violation of rule of reservation shall stand abated accordingly,-
(a) no suit or other proceeding shall be instituted, maintained or continued in any court, tribunal or other authority, against the Government or any person or authority whatsoever for reqularisation of such services;
(b) no court shall enforce any decree or order, directing the regularisation of the services of such persons;
and
(c) all proceedings pending in any court or tribunal claiming the regularisation of such services shall abate.