ORDER :

This petition is filed under Article 226 of the Constitution of India for the following relief :-

“…to Call for records relating to and connected with impugned punishment order issued by the 1st respondent vide G.O.Rt.No.226, dated 13.03.2015 and set aside quash the same duly declaring it, as illegal, arbitrary, unjust discriminatory and violative of Articles 14, 16 and 21 of Constitution of India and contrary to APCS (CCA) Rules consequently direct the respondents to regularize the period of suspension and pay pension and other retiremental benefits including arrears with interest and pass such other order or orders…….”

2. The claim of the petitioner is that initially he was appointed as Library Assistant in Panchayat Raj Department in the year 1968 and since then he has been discharging his duties to the utmost satisfaction of the superiors, and also, he has been transferred to various places. It is further stated that he was entrusted with the work of establishment section and he is no way concerned with the education section. Thereafter, in the year 1997, he was deputed to the education section. After completion of one year of service, a news item was published in daily news paper alleging that certain candidates obtained bogus appointment orders. Basing on that the 2nd respondent has issued proceedings dated 02.09.1998 suspended the petitioner from service along with other employees. Subsequently, the 3rd respondent has issued Charge Memo vide Memo No.345/B-1/98 dated 27.09.1998. Thereafter, the petitioner had submitted his detailed explanation dated 05.10.1999 to the 3rd respondent. Without considering explanation, the petitioner was issued suspension orders and thereafter a criminal case was also lodged against him with some employees vide CC No.110/2000 on the file of JFCM, Kovvur and the same was ended with acquittal. Surprisingly, the 2nd respondent had issued another charge memo vide Rc.No.H3-8906/98, dated 7.5.2001. Thereafter, the petitioner has submitted his explanation.

It is stated that after prolonged period of four years, the 1st respondent has referred the case of the petitioner along with others to the Enquiry Officer vide G.O.Rt.No.176, dated 13.10.2005 for conducting departmental enquiry. However, the 1st respondent again cancelled the said orders and issued another orders vide G.O.Rt.No.1809, whereunder directed the 2nd respondent to appoint and conduct enquiry. Accordingly, the enquiry officer conducted enquiry behind back of the petitioner and without providing any opportunity of hearing. While paying subsistence allowance, contrary to F.R.24 to the utter violation of the settled law by the DB of this Court in a catena of decisions including orders in WP No.7422 of 2005 and WP No.6617 of 2004 the respondents withhold the periodical increments during suspension period and they have not revised pay scales of the petitioner from time to time. Meanwhile, when the enquiry is pending the petitioner retired from service w.e.f. 30.06.2007. Thereafter, after lapse of more than two yeas of conducting enquiry, the authorities woke up and issued proceedings dated 01.07.2008 duly directed the petitioner to submit explanation. It is further stated that the petitioner exonerated from the criminal case in CC No.110/2000 in Cr.No.63/1998 on the file of II AJCM, Kovvur. Again, the petitioner submitted his representation for consideration of his case to drop all further proceedings against him. However, the Government has issued show cause notice dated 05.03.2010 calling explanation. In reply, the petitioner submitted detailed explanation on 27.3.2010. Though the petitioner retired from service in the year 2007 the respondents did not choose to grant provisional pension and other pensionary benefits. Hence, the present writ petition has been filed.

3. The counter affidavits have been filed by the 1st and 2nd respondents denying all the allegations made in the petition and mainly contended that the Government after ex