IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Surepalli Nanda, J.
P.Laxmamma – Petitioner
Versus
State of Telangana and others – Respondents
Writ Petition No.26152 of 2019
Decided On : 24-11-2022
Violation of Service Rules and Revised Pension Rules – Abatement of disciplinary proceedings are illegal and arbitrary – Held, Court opines that in view of clear abatement of disciplinary proceedings, recovery of amount against petitioners late husband would not arise and petitioner is entitled for relief as claimed and therefore, impugned order in Memo No.9472/Vig/III/2019 of 1st respondent is set aside and respondents are directed to release all terminal benefits of petitioner’s late husband in favour of petitioner, within period of one month from the date of receipt of a copy of order – Writ petition allowed.
ORDER :
Heard the learned counsel for the petitioner and Learned Assistant Government Pleader for Services.
2. This writ petition is filed to issue a writ of Mandamus or any other appropriate writ or writs, order or direction, declaring the impugned order dated 25.06.2019 in Memo No. No.9472/Vig.III/2019 of the 1st respondent as illegal and in violation of principles of natural justice and in utter violation of Service Rules and Revised Pension Rules and consequently direct the respondents to forthwith release all the terminal benefits of petitioner’s husband in favour of petitioner with interest @ 12% per annum apart from granting regular Family Pension in favour of the petitioner and costs.
PERUSED THE RECORD
3. The order impugned dated 25.06.2019 passed in Memo No.9472/Vig.III/2019, reads as under :
Government after careful examination of the matter, keeping in view the report of the Chief Commissioner of Land Administration, TS, Hyderabad, have decided to abate further action against Sri P. Chandra Reddy, former DT (CS), Tandur, duly recovering the loss caused to Government as per the G.O.Ms.No.85, Finance & Planning (Finance Wing: Pen-I) Department, dated: 12.07.1999. The Chief Commissioner of Land Administration, TS, Hyderabad is also requested to fix-up the responsibilities against the Enquiry Officer for not completing the de nova enquiry within the stipulated time and report compliance to the Government immediately.
The Chief Commissioner of Land Administration, Telangana State, Hyderbad is therefore, requested to take further necessary action in the matter accordingly”.
4. The petitioner’s husband on an earlier occasion had filed O.A.No.5936 of 1994 and the said O.A was disposed of by order dated 11.10.1994 directing the respondents to explain as to why the enquiry could not be completed and final orders passed within one year and also the petitioner’s husband late P.Chandra Reddy on earlier occasion had filed O.A.No.348 of 1995 before the erstwhile A.P. Administrative Tribunal, Hyderabad and the Tribunal vide its order dated 31.01.1995 granted stay of all further proceedings pursuant to the impugned show cause notice. But in spite of the said interim order, dated 31.01.1995, the respondents passed final orders on 10.02.1995 i
In the absence of disciplinary proceedings before the death of a government employee, recovery orders for alleged misappropriation of funds cannot be sustained, and the G.O.Ms.No.85, Finance and Plan....
The main legal point established in the judgment is that the authorities can only withhold pension and retirement benefits if there are pending disciplinary or criminal proceedings against the deceas....
The abatement of disciplinary proceedings can only be from the date of death of the delinquent, and the recovery of pecuniary loss from the legal heirs is subject to a conclusive determination of the....
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