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LAXMI NARAYANA ALISHETTY
V. Vijaya Bhaskar, S/o. late Narsaiah – Appellant
Versus
State of Telangana – Respondent
ORDER :
This writ petition is filed to declare non-payment of retirement benefits to the petitioner by the respondents on the ground of pendency of disciplinary proceedings basing on the charge memo dated 23.06.1997 despite superannuation of petitioner on 31.07.2017, as illegal, arbitrary and consequential direction to the respondents to release of retirement benefits of the petitioner.
2. Heard Ms. Vedula Chitralekha, learned counsel representing Sri V.Srinivas, learned counsel for petitioner on record and the learned Government Pleader for Revenue appearing for respondents.
3. Brief facts that lead to filing of present writ petition are that petitioner was appointed as Village Assistant in the year 1987 and the said post was subsequently re-designated as Panchayat Secretary and later on as Village Revenue Officer (VRO) and petitioner retired from service on attaining the age of superannuation on 31.07.2017. While in service, the petitioner was issued with charge memo on 23.06.1997 by the 2nd respondent, wherein thirteen allegations were made against him and petitioner submitted his explanation on 28.08.1997 to the charge memo denying the same. Petitioner was placed under suspension
Prolonged disciplinary proceedings without resolution can lead to quashing of charges and entitlement to retirement benefits.
Prolonged disciplinary proceedings against retired employees without justification can lead to quashing of the proceedings, emphasizing the need for timely action.
Timely initiation and conclusion of disciplinary proceedings are critical; excessive delays can vitiate the proceedings and infringe on the rights of the employee.
Protracted disciplinary proceedings without valid justification, especially post-acquittal in criminal cases, constitute harassment and must be quashed.
Unexplained delays in disciplinary proceedings cause prejudice to the charged officer, warranting termination of such proceedings.
Government employees are entitled to receive timely retirement benefits and can claim interest on delayed payments due to administrative failure.
Inordinate delay in disciplinary proceedings against retired employees can lead to quashing of the charges, emphasizing accountability and adherence to specified timelines in the inquiry process.
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