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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DR JUSTICE K MANMADHA RAO, J
V. Krishnamurthy – Appellant
Versus
State Of Andhra Pradesh – Respondent
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 1st 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 3rd respondent has only released encashment of earned leave and kept on hold all the other benefits. Aggrieved by the
Disciplinary proceedings cannot be initiated against a retired employee unless they were already in progress before retirement, as per established legal principles.
The main legal point established in the judgment is the application of A.P. Revised Pension Rules, 1980, particularly Rule 9, and G.O.Ms.No.1097 in initiating disciplinary proceedings against a retir....
The appellate authority must provide a reasoned decision considering all arguments in disciplinary proceedings, ensuring adherence to procedural fairness.
Disciplinary proceedings must be initiated before retirement to continue post-retirement; unilateral alteration of service records without notice violates natural justice.
Departmental proceedings against a retired employee cannot be initiated for events occurring more than four years prior, as established by Rule 7 of the Orissa Civil Services (Pension) Rules, 1992.
The central legal point established in the judgment is that disciplinary proceedings must be conducted in a timely manner, and the imposition of penalties after the retirement of the petitioner is co....
The issuance of charge sheets before retirement is sufficient to initiate departmental proceedings, regardless of when they are served, thus not violating the four-year limitation for initiating such....
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