HON’BLE MRS. JUSTI CE SUREPALLI NANDA

ORDER:

Heard Sri S. Jagadish, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Labour, appearing on behalf of respondent Nos.1 and 2 and Sri M. Laxman Rao, learned counsel representing Sri Ramesh Chilla, learned Standing Counsel appearing on behalf of the respondent No.3.

2. The petitioners approached the Court seeking prayer as under:

“…to issue writ, order or direction more particularly one in the nature of writ of mandamus declaring the Memo No.2655/Vig.III/2014 dated 03.06.2023 of the 1^st respondent and the consequential Notice No.C1/967/2023 dated 15.07.2023 of the 3^rd respondent as well as the original punishment order in imposing 100% cut in pension and gratuity permanently vide G.O.Rt.No.1182 dated 24.08.2009 of the 1^st respondent as void, illegal, arbitrary and unconstitutional, contrary to A.P. C.S. (CC&A) Rules as void, illegal, arbitrary and unconstitutional, contrary to A.P. C.S. (CC&A) Rules and set aside the same and consequently direct the respondents to release Pension and Gratuity with interest on arrears of the Late father of the petitioners and pass such other order or orders may deem fit and proper in the circumstances of the case.....”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present writ petition is as under:

i) The father of the petitioners, late Sri M. Narsaiah, retired as Manager from Medak Municipality and also worked as in- charge Municipal Commissioner. During the service of the father of the petitioners, disciplinary proceedings were initiated against him and an enquiry was conducted by the Additional Director, Office of the Commissioner and Director of Municipal Administration. Based on the enquiry report dated 07.11.2006, the Government issued G.O.Rt.No.1182 dated 24.08.2009, imposing a punishment of 100% cut in pension and gratuity permanently. The petitioners’ father submitted a revision petition in 2010, but the same was not disposed of during his lifetime.

ii) After the death of the petitioners’ father on 28.09.2016, the petitioners, being his legal heirs, approached this Court by filing W.P.No.7291 of 2017 seeking disposal of the revision. This Court directed the 1^st respondent to consider the revision petition and pass orders. However, the Government issued Memo dated 04.04.2017 rejecting the revision without proper consideration. The petitioners again approached this Court by filing W.P.No.30232 of 2017, and by order dated 06.12.2022, this Court set aside both the punishment order and the Memo, directing the respondents to reconsider the matter afresh by following due procedure and principles of natural justice.

iii) Instead of conducting a fresh enquiry as directed, the 1^st respondent again issued Memo No.2655/Vig.III/2014 dated 03.06.2023 upholding the earlier punishment and the 3^rd respondent issued consequential Notice No.C1/967/2023 dated 15.07.2023 ordering recovery of Rs.1,19,09,302/- from the petitioners, though there was no recovery order in the original punishment. Aggrieved by the same, the petitioners filed the present writ petition.

4. PERUSED THE RECORD:-

A) The relevant portion of the memo vide No.2655/ Vig.I I I / 2014 dated 03.06.2023 passed by the Secretary to Government, Municipal Administration &

Urban Development (Vig.I I I ) Department, Government of Telangana, is extracted hereunder:

“…In compliance to the above orders of the Hon'ble High court, Government once again re- examined the entire case duly considering the appeal petition in the reference 7^th & 13^th cited, has opined that a. Sri M.Narsalah had hold the post of Municipal Commissioner FAC, Medak Municipality during the period from 24.06.2000 tο 28.08.2001 has not maintained statutory register properly and committed huge financial Irregularities duly diverted various funds like MPLADS, Janmabhumi funds, SJSRY, Flood Grants etc...

b. since, (7) se