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T. MADHAVI DEVI
Mohd. Kareem – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. In this writ petition, the petitioner is seeking a Writ of Mandamus declaring the proceedings No. TSSDC/ADMN/Disc. Case/2020-21/254 dated 18.08.2020 wherein an amount of Rs.5,68,000/- of earned leave of the petitioner is withheld as well as recovery of an amount of Rs.3,98,408/- as illegal, arbitrary and unconstitutional and consequently to set aside the same and to direct the respondents to remit the sum of Rs.5,68,000/- recovered from encashment of the earned leave of the petitioner with interest at 18% per annum and to pass such other order or orders.
2. Brief facts leading to the filing of the present writ petition are that the petitioner was appointed as a Store Keeper in the year 1994 in the 2nd respondent Corporation and has been discharging his duties accordingly. While the petitioner was working as Store Keeper at Nidamanoor Unit, it was alleged that there was some shortage of paddy and a Committee was constituted to enquire into the same. It is stated that Sri T. Venkataswamy, Seed Officer and Processing In-charge was responsible for the said shortages and the stocks have not been handed over to the petitioner, but unfortunately, the Committee, without looking in
Disciplinary proceedings cannot continue post-retirement without specific provisions, and recovery from retirement benefits is impermissible without legal authority.
Recovery of embezzled amounts from an employee without departmental inquiry violates procedural safeguards, and the right to pension is protected as property under Article 300A.
The central legal point established in the judgment is that recovery from retiral dues after retirement is impermissible in certain situations, and the protection of pension and gratuity rights of re....
Disciplinary proceedings must adhere to principles of natural justice, providing adequate opportunity for defense, especially when an employee is facing serious charges and imminent retirement.
Disciplinary proceedings cannot continue after an employee's retirement in absence of explicit provisions allowing such continuation in service rules.
Retired employees cannot be penalized with recovery from retiral dues without prior disciplinary proceedings being initiated during service, upholding procedural compliance under relevant regulations....
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