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SUREPALLI NANDA
S. Chandra Sekhar Reddy – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. Heard learned counsel for the petitioner and learned Government Pleader for Services II.
2. This Writ Petition is filed to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus by declaring the entire action of the 1st respondents, particularly the entire action of the respondent, in issuing present impugned order vide G.O.Rt.No. 83, Scheduled Caste Development (Vig.) Department, dated 25.06.2020, wherein withdrawing the earlier punishment orders issued vide G.O.Rt.No. 85, SCD (Ser.A2) Department, dated 17.04.2019 by way of review by invoking Rule 40 of TS (CC&A) Rules, 1991 and thereon issuing memo No. 5008/SCD.Vig./2012, dated 25.06.2020, (communicated on 12.08.2020) wherein imposition of 100% cut in pension besides withholding entire gratuity and recovery of misappropriated amount is as highly illegal, arbitrary and violative of all principles of natural justice, to that of Rule 40 of TS (CC&A) Rules, 1991, the petitioner being pensioner is impermissible and set aside both the impugned orders and consequently direct the respondents to forthwith release his pension and other retiral benefits of the petitioner with penal inte
The decision to withhold a pension under Rule 43(a) of the Pension Rule should be based on future conduct, and if based on past conduct, Rule 43(b) should be invoked instead.
Pension is a right of an employee and cannot be withheld without a proper inquiry and findings of misconduct; mere allegations or pending criminal cases are insufficient grounds for such action.
Departmental proceedings against retired employees must comply with Article 351-A, requiring Governor's sanction and adherence to time limits for validity.
The court established that under the Jharkhand Pension Rules, any disciplinary action or show-cause notice related to alleged misconduct must be initiated within four years of the event, failing whic....
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