ORDER :

This writ petition has been filed seeking to call for the records relating to the impugned proceedings issued in G.O. Rt.No.727, Social Welfare (Ser.III) I Department dated 06.11.2011 of the 1st respondent including consequential orders issued vide Proceedings Rc.No.A1/621/2000-II (39-III) dated 27.04.2013 of the 3rd respondent and set aside the same by holding the entire action/procedure adopted by the 1st and 3rd respondents for issuing the impugned orders as illegal and arbitrary.

2. It is the case of the petitioner that he was initially appointed as Grade-II Hostel Welfare Officer during 16.03.1978 and subsequently he was promoted as Grade-I HWO and retired from service on attaining the age of superannuation on 31.03.2010 while working at Social Welfare (Boys) Hostel at Shyampet Warangal District.

3. While so, the 1st respondent, Principal Secretary, Social Welfare Department, vide G.O. Rt. No.46, dated 03.02.1998 had issued orders for conducting special audit in respect of misappropriation of Government funds and financial irregularities in all Government Social Welfare Hostels of Warangal District for the period from 19911992 to 1993-1994. Based on the said orders, the 2nd respondent, Commissioner of Social Welfare, had deputed a special audit party for the purpose of auditing of accounts in the Social Welfare Hostels of Warangal District and they submitted a report to the 2nd respondent, who in turn communicated the same to the 3rd respondent, District Collector, Warangal, for taking suitable disciplinary action against the concerned Wardens/Matrons of the hostels as per the CCA Rules.

4. It is submitted that the 3rd respondent, being a disciplinary authority, had issued a charge memo vide Proceedings No.B1/621/2000-II(39)-III, dated 22.07.2000 pertaining to Social Welfare Boys Hostel (D) Parkal and another charge memo vide Proceedings No.B1/621/2000-II (20)-III, dated 22.07.2000 pertaining to the Social Welfare Boys Hostel (B) Zafargad to the petitioner and called for his explanation. While denying the charges against the petitioner, he submitted his explanation. Having not satisfied with the said explanation of the petitioner, the 3rd respondent, District Collector, vide Proceedings dated 30.01.2002, appointed the Revenue Divisional Officer, Warangal, as an Enquiry Officer and Assistant Social Welfare Officer (ASWO) concerned as the Presenting Officer under Rule 20 of the CCA Rules. After conducting a detailed enquiry into the matter, Enquiry Officer submitted his report vide Proceedings dated 26.10.2005 holding that the charges levelled against the petitioner are not proved in respect of both the hostels.

5. It is further submitted that after receipt of the said enquiry report from the Enquiry Officer by the 3rd respondent, the 3rd respondent, District Collector, being disciplinary authority, instead of passing final orders on his own, had sent the enquiry report to the 1st respondent, Principal Secretary, for the purpose of further action in the matter and the 1st respondent, in turn, referred the matter to the Vigilance Commissioner, A.P. Hyderabad, who vide his letter dated 18.07.2006 had issued instructions to defer with the findings of the Enquiry Officer. Based on the said instructions, the 3rd respondent, District Collector, being disciplinary authority, vide his Memo dated 29.06.2009, had issued a disagreement notice to the petitioner calling for his explanation. Accordingly, the petitioner again submitted his explanation on 12.08.2009 with a request to drop further action in view of categorical findings given by the Enquiry Officer holding that the charges levelled against the petitioner are not proved. It is submitted that without proper appreciation of his explanation and the findings of the Enquiry Officer, at the instance of the instructions of the Vigilance Commissioner, the 1st respondent, Principal Secretary, had imposed the penalty of withholding of 10% pension permanently besides recovery of Rs.1