Point of law: The Government reserves to themselves the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanently or for a specific period and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused, to the Government and to the local authority if, in any departmental or judicial proceedings the pensioner is found guilty of grave misconduct or negligence during the period of his service, including service rendered upon reemployment after retirement

ORDER:

1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

(a) “to issue appropriate writ, order or direction, particularly a Writ of Mandamus declaring the G.O.Ms.No.107 dated 11.07.2018 imposing a major penalty under Rule 9 of AP Revised Pension Rules, 1980 thereby withholding the pension in full permanently with immediate effect and subsequent proceedings in Lr.No.D4/6811/2019 (Comp.No.863647) Dt.15.07.2019 thereby rejecting petitioner’s request for providing provisional pension and retirement benefits including PF and Gratuity as illegal, irregular, irrational, arbitrary and violative of Articles 14, 16 and 21 of Constitution of India and contrary to Rule 9 of A.P.Pension Rules, 1980 and consequently direct the respondents to release petitioner’s retirement benefits including Gratuity and PF and other attendant benefits from 11.07.2018 along with appropriate interest as specified in Gratuity Act, 1972”.

2. It is the case of the petitioner that she joined in service in the year 1985 as a Typist. Later, promoted as Assistant Accounts Officer and posted in the office of the District Treasury Office, Guntur. While she was working as Sub Treasury Officer in Pedakurapadu, she used to stay in the Government Quarters on rental basis and it has no connection with the department. She used to pay monthly rent of Rs.1450/-to the quarters. Later, she transferred to District Treasury Office as Assistant Accounts Officer and worked under the Deputy Director, District Treasury Office, Guntur. But, the Deputy Director, District Treasury Office, Guntur did not assign any work to her and used to keep as spare staff. She was subjected to worry by the acts of the Deputy Director. She used to share the same with her family members. While this being the case, it seems there was some miscalculation of house rent to the residential quarters in Hill Colony, Nagarjuna Sagar, Peddaveera Mandal, Nalgonda District. The District Treasury Office, Guntur received official information from the Executive Engineer, Dam Division, Hill Colony, as if the petitioner became due house rent for the residential quarters. When the information was communicated to the petitioner, she paid the due amount to the Dam Authorities and obtained necessary receipts to that effect and produced the same before the Deputy Director. But the Deputy Director did not accept the same and he said that the petitioner cannot claim HRA by staying in Government Quarters and threatened to order recovery of the same. Later, there was a demand of bribe and there were some disputes between the petitioner and the Deputy Director, District Treasury Office, Guntur. The Deputy Director demanded Rs.1,00,000/-as bribe and she refused to pay the same. Later, due to the said harassment, the petitioner shared the pain among her family members.

3. The Deputy Director, District Treasury Office, Guntur received a parcel on 03.11.2010 and in the said parcel there were 8 Brinjal Crackers (Vankaya Tapakayalu) with a circuit system in two rows with 9 volts battery attached to the circuit Board. The Deputy Director on 03.11.2010 lodged a complaint basing on the parcel he received as he received threatening calls. During the course of investigation, police implicated her son and his friend. Later, the petitioner was also shown as accused No.2 in Crime No.243 of 2010 on the file of the Nagarampalem Police Station. After completion of investigation, police filed a Charge sheet, and the same is registered as C.C.No.523 of 2011 on the file of the Judicial Magistrate of First Class, Special Mobile Court, Guntur. The said Calendar Case is ended in conviction though she did not play any role in the alleged incident.

4. It is further contended that, from the date of transfer, the petitioner was placed under the Deputy Director, DTO, Guntur and her duty is to receive any Tappal and place them before the Deputy Director, District Treasury Office (DTO), Guntur. According