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 interest from the date of issuing earlier punishment orders in G.O.Rt.No. 85 SCD (Ser.) Department, dated 17.04.2019 of the 1st respondent till actual payment is made @ 24 per annum for unnecessary delay caused by the respondents without reference to the present impugned orders dated 25.06.2020 of the 1st respondent.

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

(a) The petitioner was initially appointed as Typist w.e.f 12.04.1983 in the BC Welfare Department and subsequently promoted as Senior Assistant during the year 1986 and further promoted as Superintendent in the year 2005. Later the petitioner services were transferred to respondent organization. The petitioner retired on 31.03.2014 on attaining the age of superannuation.

(b) While the petitioner was working in the office of Deputy Director (SW) Nalgonda District, he was placed under suspension vide proceedings dated 18.04.2012 by the 2nd respondent. Subsequently, departmental proceedings were initiated vide proceedings dated 29.10.2012. The petitioner submitted explanations on 21.01.2013 and 23.06.2016 denying the alleged charges and ultimately requested to drop further action.

(c) The 1st respondent issued orders vide G.O.Rt.No. 212, dated 31.03.2016 for inaction of common departmental proceedings against nine individuals. As per G.O.Rt.No. 213, dated 13.04.2016 one Smt Uma Devi, Joint Director was appointed to conduct regular enquiry and one Sri P.Rajasekhar was appointed as presenting officer. The enquiry officer submitted report vide letter dated 03.12.2016. The 2nd respondent requested the Government to issue necessary orders against the individuals.

(d) The Government vide memo dated 12.12.2018 enclosing report of the enquiry officer issued show cause notice to the petitioner proposing to impose penalty of 5% cut in pension for a period of three years and called for explanation. As such the petitioner submitted explanation on 20.12.2018 requesting to reconsider the issue and drop proceedings. Without considering the said request, final order vide G.O.Rt.No. 85, dated 17.04.2019 had been issued.

(e) Thereafter, the petitioner made a representation dated 24.04.2019 to the Minister concerned, to set aside the penalty imposed against him. On receipt of the representation of the petitioner with their endorsement of Minister was forwarded to the Government. The Government vide its memo No. 729/SCD.Ser.A2/2019-1, dated 31.05.2019, requested the ndrespondent to furnish a detailed report in the manner of remarks on the appeal of the petitioner made to the Minister. The 2ndrespondent vide his letter Rc.No. A1/1993/2012, dated to 02.11.2019 furnished detailed report to the 1st respondent with regard to appeal of the petitioner requesting the Government to take lenient view on the appeal petition