ORDER :

1. Heard learned counsel for the petitioner and learned Government Pleader Services II.

2. This writ petition is filed to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring entire action of the respondents in not releasing his pension and other retrial benefits, even though he was allowed to retire from service as on 31.07.2014 on the untenable ground that the disciplinary proceedings initiated vide charge memo No. 035742/VC.III.V/08-8, dated 06.12.2008 for the issue 2002-2003 of the 2nd respondent and not concluding said proceeding inspite of submitting two reports by the enquiry authorities holding that there is no unspent balance amount available with the petitioner as alleged in the charge memo is as highly illegal, arbitrary and the very charge memo dated 06.12.2008 is liable to be set aside on the ground of inordinate delay/latches in initiation, as well as in continuation and consequently direct the respondents to forthwith release his pension and other retrial benefits by duly accepting his pension papers, by revising his pay with interest @ 24% p.a. from the date of retirement till actual payment is made if necessary by concluding the pending disciplinary proceedings initiated vide charge memo Rc.No. 035742/EC.III/B/08-8, dated 06.12.2008 for the issue 2002-2003.

3. The case of the petitioners, in brief, is as follows:

(a) The petitioner was appointed as Civil Asst. Surgeon during the year 1999, ultimately he was allowed to retire on 31.07.2004 AN on superannuation.

(b) While the petitioner was working as Medical Officer, PHC Rainigudem, charge memo Rc.No. 035742/EC-III/V/08-8, dated 06.12.2008 was issued to the petitioner by the 2nd respondent alleging that the petitioner did not remit the balance amount of Rs.1,42,370/- for the year 2002-2003 pertaining to the family planning operation. The petitioner submitted detailed explanation on 31.01.2009 that he was in charge of the medical camp for sterilization per-formation in the year 2002-2003 and that 665 operations were successfully conducted and that Rs.4,75,630/- was drawn and Rs.4,74,870/- was paid to the beneficiaries under proper acknowledgment and remaining Rs.760/- remitted to the Government through challan dated 28.08.2002 and 08.10.2008.

(c) The then Commissioner of Family Welfare constituted Special Evaluation Team in the year 2009 and visited the office and checked the relevant records and found that no such unspent balance is with Dr M.Kumara Swamy, Medical Officer, PHC Rainigudem to be remitted and submitted report to the Commissioner of Family Welfare/Director of Health. However, the Additional Director appointed Spl. Inquiry Officer and the said Spl. Inquiry Officer after enquiry found that no such unspent money available to be remitted by the Medical Officer, TPHC, Raingudem, Warangal.

(d) Despite a clear finding from the Special Evaluation Team including audit party report the respondents utterly failed to conclude the disciplinary proceedings initiated way back vide charge memo dated 06.12.2008 and even after 11 years did not release pensionary benefits due to the petitioner. Therefore, the petitioner is entitled for his retrial benefits with penal interest @ 24% from the date of retirement till actual payment is made as per law. Hence, this writ petition.

4. The 2nd respondent filed counter and mainly contended as follows:

On misappropriation of Family Planning Funds for the years 2002 to 2007, disciplinary action was initiated against the petitioner and others and that Inquiry Officer was appointed and after conducting enquiry as per procedure, report was filed. Therefore, the writ petition is liable to be dismissed.

PERUSED THE RECORD:

5. Article of charge framed against the petitioner as per the Charge Memo dated 06.12.2008 vide Rc.No. 035742/VC.III/B/08-8 of the Director of Health, Andhra Pradesh, Hyderabad, reads as under:

“ARTICLE:

That Dr.Kumar Swamy, Medical Officer, PHC, Rainigudem, Warangal Dist