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2022 Supreme(AP) 1125

K. MANMADHA RAO
K. Suryanarayana Murthy – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates appeared:
P. Vijaya Kumari, Advocate, for the Appellant; GP, for the Respondents

JUDGMENT

Dr. K. Manmadha Rao, J. - This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

    '.....to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing G.O.Ms. No. 93, dated 09.05.2016 by the 1st respondent in deducting of 5% of pensionary benefits as penalty is illegal, arbitrary to the provisions of the Revised Pension Rules and also violative of principles of natural justice and to treat the period of suspension between 03.04.2009 to 28.09.2010 as on duty in spite of the enquiry officers report that the charges were not provided and consequently direct the respondents to refund the amount deducted as per G.O.Ms. No. 93, dated 09.05.2016 and pass such other orders.'

    2. Heard Ms. P. Vijaya Kumari, learned Senior Counsel for the petitioner and learned the Government Pleader, Services-II for the respondents

    3. The brief facts of the case are that the petitioner was working as Superintendent in Government Children's Welfare Department at Eluru. The petitioner was placed under suspension vide proceedings No. EA1/33/2009-1, dated 02.04.2009 on the ground

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