HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.21849 of 2022

ORDER:

Heard Sri S. Surender Reddy, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Municipal Administration, appearing on behalf of respondent No.1, Sri T. Sudhakar Reddy, learned counsel appearing on behalf of respondent No.2 and Sri A. Veeresh Kumar, learned Standing Counsel for HMWS & SB, appearing on behalf of respondent No.3.

2. The petitioner filed the writ petition seeking the following relief “… to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the G.O. Rt. No. 515 MA and UD Department dated 30/06/2018 issued by the 1^st respondent where in imposing the punishment of 100% cut in Pension permanently as illegal, arbitrary, unconstitutional and set aside the same with consequential direction to the Respondents to release the pension and other retirement benefits by regularizing the period of out of service from June 2002 to till his reinstatement i.e., 31/07/2007 as on compulsory wait for posting with all consequential benefits and pass...”.

3. The case of the petitioner in brief, is that the petitioner has been appointed as Work Inspector on 10.07.1975 and was promoted as Meter Reader in the year 1982 and retired from service on attaining superannuation on 31.07.2009. In the year 2002, an allegation was made against the petitioner that certain amounts collected from the consumers were not immediately deposited in the account of the board and thereby petitioner indulged in misappropriation of the amounts. Another charge was also filed relating to petitioner being absent from duty from 25.05.2002. Thereafter, the petitioner submitted a representation dated 01.12.2002 to join duty. The enquiry officer without following the rules conducted a proforma enquiry holding that the charges were proved. On 15.04.2004 a show cause notice was issued to the petitioner proposing the punishment of dismissal from service. Aggrieved by the same, the petitioner approached the Tribunal by filing O.A. No.7911/2015 wherein the Tribunal passed interim direction to the respondents to admit the petitioner to duty forthwith pending further orders. The petitioner submitted representation dated 19.02.2008 to the Managing Director to regulate the period of out of service from June 2002 to 12/2006 and subsequently, the Tribunal set aside the show cause notice dated 15.04.2004.

3 (i) It is further the case of the petitioner that the petitioner was granted provisional pension vide proceedings dated 13.03.2012 and after lapse of ten years the petitioner was issued with another show cause notice dated 16.07.2012 proposing the punishment of withholding of 100% pension permanently. The petitioner again approached the Tribunal vide OA. No.6188 of 2012 wherein the Tribunal suspended the show cause notice. Thereafter the respondents issued G.O.Rt.No.515 MA & UD dated 30.06.2018 imposing punishment of 100% cut in pension permanently in terms of Rule 9 of A.P. Revised Pension Rules 1996 (Telangana Adaption Orders, 2016). Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

4. PERUSED THE RECORD.

(A) The impugned G.O.Rt.No.515, Dated 30.06.2018 of Municipal Administration & Urban Development (Viz.I I (2) Department issued by the respondent No.1 to the petitioner is extracted hereunder “GOVERNMENT OF TELANGANA ABSTRACT MA&UD. Department HMWS&SB - Allegation of Misappropriation of cash-Charges framed against Sri K. Venkatadrs, the then Assistant (P&AHM) – Enquiry report submitted Awarded punishment of Dismissal Reinstated the individual as per orders in O.A.No. 7911/2005 and Subsequently retired-issued Fresh Show Cause notice proposing the punishment of 100 % cut in pension permanently in terms of Andhra Pradesh Revised Pension Rules, 1980-O.A No. 6188 of 2012 filed by the individual against Show Cause Notice was dismissed Orders -

issued.

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