Disciplinary proceedings cannot be initiated against a retired employee unless they were already in progress before retirement, as per established legal principles.

Order :

(K. MANMADHA RAO, J.)

The Writ Petition is filed under Article 226 of the Constitution of India , seeking the following relief:

“…..to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declaring the action of the 1^st respondent in issuing G.O.Rt.No.713, dated 11-11-2021 framing seven (7) charges against the petitioner as bad, illegal, arbitrary, without jurisdiction, violative of principles of natural justice and Articles 14, 21 & 300A of Constitution of India and consequently set aside the same….”

2. Brief facts of the case are that the petitioner was appointed as Junior Assistant in the year 1990. Thereafter, the petitioner was promoted as Senior Assistant in the year 2001. Thereafter, the petitioner was given appointment by transfer as Executive Officer-Grade II in the year 2008. After attaining the age of superannuation, the petitioner retired from services on 31.08.2020. Hence, the petitioner submitted all the relevant papers seeking release of retirement benefits including the pension commutation. The 3^rd respondent has only released encashment of earned leave and kept on hold all the other benefits. Aggrieved by the same, the petitioner filed W.P.No.2557 of 2021 and the same is pending. While things stood thus, the 1^st respondent issued the impugned proceedings vide G.O.Rt.No.713, dated 11-11-2021 framing seven charges and the main sum and substance of G.O.Rt.No.713 is that the petitioner has not handed over the charge officially/technically to his successor. Aggrieved by the same, the present writ petition has been filed.

3. This Court, vide order, dated 17.01.2022, has granted interim suspension of G.O.Rt.No.713, dated 11.11.2021, until further orders.

4. The 1^st respondent filed counter affidavit denying the allegations made in the writ petition and stated that, Seethanagaram Group Temples represented by Executive Officer, Seethanagaram, Guntur district is not shown as party to the writ petition. It is further stated that the Executive Officer, Nuthakki Groupt temples, Guntur district was posted as Relieving Officer vide Commissioner’s Proceedings in Rc.No.E2/15022/4/2020-2, dated 27.08.2020 to the petitioner herein. The Executive Officer vide Lr.No.Nil/2020, dated 06.11.2020 has submitted a report to the 3^rd respondent herein stating that the petitioner has not handed over the Gold, Silver Jewellery, DCB Register, lease files, vouchers, FDRs worth of Rs.2,67,000/-, etc.. to the present Executive Officer and requested the 3^rd respondent to take necessary action. The 3^rd respondent directed the Inspector, Endowments Department, Guntur to verify and submit a report in this matter. Accordingly, the Inspector, Endowments Department, Guntur has submitted a report vide Lr.No.Nil/2020, dated 02.01.2021 to the 3^rd respondent. Thereafter, after thorough enquiry, the 3^rd respondent submitted a report to the 2^nd respondent vide Lr.in.Rc.No.A6/4556/2020, dated 03.02.2021 stating that the petitioner has not handed over the charge of Gold, Silver Jewellery, has not updated the DCB register and when verified found that nearly 500 bags of paddy relating to 2006-2007 were not brought forward over to later period. Basing on the report of 3^rd respondent, the 2^nd respondent has submitted a report to the 1^st respondent and the 1^st respondent vide Memo No.REV01-ENDW/383/2021- VIG-IV, dated 17.09.2021 requested the 2^nd respondent to furnish the draft articles of charges to Government within a fortnight and requested to take urgent action to recover amount from the persons responsible including the Retired Executive Officer and submit compliance. The Government vide G.O.Ms.No.251, Revenue (Vig.IV) Department, dated 20.09.2021 under sub- clause (i) of clause (b) of sub-rule(2) of Rule 9 of Revised Pension Rules, 1980 sanctioned permission to initiate departmental proceedings against the petitioner, who retired from service on 31.08.2020 and directed that the said departmental proceedin