HON’BLE SMT. JUSTICE JUVVADI SRIDEVI WRIT PETITION No.31150 of 2018

ORDER :

This writ petition is filed seeking to quash the proceedings in Memo No.1217/IE/A1/2014, dated 30.05.2017 issued by the 1^st respondent and the consequential letter in Rc.No.3096/C4/PEN/ 2016, dated 19.06.2017 of the 3^rd respondent, and consequently direct the respondents to release the deducted amount of Rs.7,83,493/- to the petitioner.

2. Heard. Perused the record.

3. Case of the petitioner is that her husband/Late V. Dayasagar had retired from service on 31.01.2014 as a Principal of Government Junior College. As on the date of his retirement, disciplinary proceedings were pending against him, with regard to financial irregularities during his tenure in the earlier post of Executive Director of District Backward Classes Service Co-operative Society (DBCSCS) Ltd. Subsequently, he died on 02.03.2014 while the said disciplinary proceedings were pending against him. Thereafter, the Government has issued the impugned Memo dated 30.05.2017, for recovery of an amount of Rs.7,83,493/- from the terminal benefits of the deceased-employee i.e. the husband of petitioner herein, towards the loss caused to the Government and release the pensionary benefits as per Rules, as the death abates the criminal prosecution and disciplinary proceedings as per G.O.Rt.No.1097, dated 22.06.2000 and as per Rule 9(7) of the Telangana State Revised Pension Rules, 1980. Consequent to the Government Memo dated 30.05.2017, the Regional Joint Director of Intermediate Education, Warangal, has issued letter dated 19.06.2017 to the Accountant General, Telangana State to recover the above amount and release the pensionary benefits to the petitioner.

4. The aforesaid proceedings are challenged on the ground that since the petitioner’s husband had expired during the pendency of disciplinary proceedings, no further proceedings can be issued, as the loss caused to the Government has not been quantified and no decision has been taken with regard to the recovery, as the disciplinary proceedings remained inconclusive during the life time of the petitioner’s husband.

5. The respondents filed counter affidavit accepting that the petitioner’s husband had died when the disciplinary proceedings were at the stage of enquiry. It is contended that as per Rule 9(7)(a) of the Telangana Revised Pension Rules, 1980, when a Government servant dies before conclusion of the proceedings, all further proceedings stands abated, however, if any loss caused to the Government by the deceased/Government servant is established, in such cases, the disciplinary proceedings will not automatically abate and it is open to the Government to bring the legal representatives on record and continue the disciplinary proceedings for the purpose of recovery of the misappropriated amount. It is admitted in the counter affidavit that due to the death of the petitioner’s husband, the disciplinary proceedings stood abated and hence could not be concluded. It is further admitted that the criminal proceedings initiated against the petitioner’s husband by the B.C.Co-operative Finance Corporation Ltd., are also abated. However, it is stated that since the misappropriated amount was already determined against the husband of the petitioner, the impugned orders are passed for recovery of an amount of Rs.7,83,493/- from the pensionary benefits payable to the wife of the deceased-employee i.e. the petitioner herein.

6. In this case, it is to be noted that while the husband of the petitioner/Late V.Dayasagar was in service, disciplinary proceedings as well as criminal proceedings were initiated against him, alleging financial irregularities and he was suspended from service with effect from 27.05.2011. When the order of suspension and the articles of charge were questioned before the Tribunal by filing O.A.Nos.9110 and 9113 of 2011, the Tribunal, by order dated 29.11.2011, held that the disciplinary proceedings should not be continued when the charg