THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION Nos.19967 and 20557 OF 2025

COMMON ORDER:

Since the lis in both these writ petitions is inter se related with each other, they are taken up together and being disposed of by this common order.

2) Heard Sri J.R.Manohar Rao, learned counsel for the petitioner, and learned Government Pleader for Services-I appearing for the respondents.

3) Brief facts of the case are that the petitioner was initially appointed as Municipal Assistant Engineer by way of direct recruitment after his name was duly sponsored through Employment Exchange vide proceedings dated 28.05.1987. Later, his services were converted as Assistant Executive Engineer on 16.10.1993. Subsequently, he was promoted as Deputy Executive Engineer in the year 2003, as Executive Engineer in the year 2014 and as Superintending Engineer in the year 218. Further, while he was working as Deputy Executive Engineer, a criminal case was registered against him alleging that he did not obtain prior permission or intimated to the Department about acquiring of properties and also he was kept under suspension vide proceedings dated 29.11.2007. Thereafter, on a representation being made by the petitioner, he was reinstated into service vide Government Memo dated 18.08.2008. Further, the Government has issued Charge Memo vide G.O.Ms.No.681, Municipal Administration and Urban Development Department, dated 25.11.2009 alleging that he committed grave misconduct as he neither obtained permission nor intimated to the Department about acquiring of movable and immovable properties and also failed to submit proforma I to VI property statements to the Department during his entire service, except for the year 1989, to which, the petitioner has also submitted his explanation. Though the charge memo was issued on 25.11.2009, no enquiry was conducted till 2017. As such, the petitioner has filed W.P.No.16421 of 2017 wherein initially this Hon’ble Court granted interim orders dated 05.06.2017, as per which, the petitioner was promoted as Superintending Engineer. Thereafter, on 07.03.2025, this Court has disposed of the said writ petition directing the respondents to complete the enquiry within a period of one month thereof. As the respondents failed to conclude the enquiry within the said period, petitioner filed an I.A. in the said writ petition and on 29.04.2025, the said I.A. was ordered directing the respondents to conclude the enquiry by 02.07.2025 making it clear that if the enquiry is not completed by the said date, the subject charge memo dated 25.11.2009 stands dropped against the petitioner. Further, another charge memo vide G.O.Rt.No.570, dated 16.08.2023, was also issued to the petitioner and he also submitted his explanation to the same. Though the Enquiry Officer has conducted enquiry and submitted his report, no further proceedings took place in that regard. During the interregnum period i.e. on 31.03.2025, the petitioner has retired from service. Thereafter, the petitioner was sanctioned only provisional pension stating that two charge memo are pending against him. Therefore, seeking to direct the respondents to release full pension, gratuity and all other retiral benefits, petitioner has filed W.P. No.19967 of 2025.

3.1) Further, respondent No.1 has issued G.O.Ms.No.154, dated 30.06.2025 sanctioning initiation of departmental enquiry against the petitioner by invoking Rule 9 of Telangana Revised Pension Rules, 1980. Aggrieved by the same, petitioner has filed W.P.

No.20557 of 2025.

4) Learned counsel for the petitioner contends that the impugned G.O.Ms.No.154, dated 30.06.2025 is illegal, arbitrary and issued without jurisdiction. Further, on the same day, the respondents have also issued a charge memo alleging that the petitioner has acquired disproportionate assets, which allegations are similar to earlier charge memo dated 25.11.2009 i.e. the petitioner has acquired disproportionate assets during the period from December, 2004, to 20.1