APHC010360952024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3331]

FRIDAY ,THE TWENTY THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 18457/2024

Between:

P Uma Maheshwar Rao ...PETITIONER

AND

The State of Andhra Pradesh and three others. ...RESPONDENT(S)

Counsel for the Petitioner:

1.POODATTU AMARENDER

Counsel for the Respondent(S):

1.GP FOR SERVICES II

The Court made the following ORDER:

The writ petition is filed seeking the following relief:

"…to declare the action of the Respondents in not settling the Pension, Gratuity, CVP and other retirement benefits to the Petitioner on the ground of pendency of disciplinary proceedings and making inordinate delay in concluding the disciplinary proceedings as illegal, arbitrary, discriminatory and violative of Articles 14, 16 & 21 of the Constitution of India and consequently, direct the Respondents to conclude the disciplinary proceedings against the Petitioner, forthwith, as per the time schedule fixed by the Government vide G.O.Rt.No.679 (GAD), dt: 01.11.2008, (or) drop the disciplinary proceedings as per the settled Law and further release Pension, Gratuity, CVP and other retirement benefits to the Petitioner, forthwith and further pay the interest on the delayed

payment of Pension and other benefits and to pass such other order or orders…"

2. Heard Sri P.Amarender, learned counsel for the petitioner and Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for Services appearing for the respondents 1 to 4.

3. A charge memo vide Rc.No.31/2019/BCW/A1 dated 19.04.2019 (Ex.P.2) was issued to the petitioner. The Inquiry Officer submitted report to the Disciplinary Authority (Ex.P.2) vide Rc.No.77/2017/B1 dated 14.06.2023 (Ex.P.4). However, the authority neither dropped the proceedings nor passed any orders. Another charge memo vide Rc.No.222/2017/BCW/A1 dated 09.10.2018 was issued to the petitioner. The Inquiry Officer submitted report dated 19.07.2023 (Ex.P.12). In pursuance of the inquiry report, a notice vide Endt.Rc.No.A1/222/2017/BCW, dated 15.05.2024 was issued to the petitioner (Ex.P.14). The petitioner submitted explanation on 25.05.2024 (Ex.P.15). However, no order is passed so far.

4. Learned counsel for the petitioner would submit that the petitioner is retired on 31.12.2020 and the retirement benefits will not be released in view of the charge memos. He has confined his arguments and urged that suffice if a direction is given to the respondents to pass appropriate orders in respect of the above inquiry reports.

5. Learned Assistant Government Pleader for Services would submit that the Disciplinary authority will pass appropriate orders in terms of G.O.Ms.No.91 General Administration (SER.C) Department, dated 12.09.2022.

6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, with the consent of all the counsels, at the stage of admission, directing the respondents 1 and 2 to conclude the inquiry in all respects and pass final orders within three months in terms of G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022. It is made it clear that if the proceedings are not concluded within the stipulated period as per G.O.Ms.No.91, dated 12.09.2022, they will lapse automatically and no further proceedings shall be continued or taken against the petitioner without referring any further orders. Depending upon the order of inquiry, the retirement benefits shall be processed without any further delay. No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

_____________________ SUBBA REDDY SATTI, J

Dated 23.08.2024 KA

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 18457/2024

Dated 23.08.2024 KA