I N THE HI GH COURT OF TELANGANA AT HYDERABAD Between: K. Shedrak … Petitioner And The District Collector, (SW)

Warangal (Urban) Warangal District & others … Respondents JUDGMENT PRONOUNCED ON: 31.07.2025 THE HON’BLE MRS JUSTI CE SUREPALLI NANDA

1. Whether Reporters of Local newspapers : Yes may be allowed to see the Judgment?

2. Whether the copies of judgment may be : Yes marked to Law Reporters/Journals?

3. Whether Their Lordships wish to : Yes see the fair copy of the Judgment?

___________________________ MRS. JUSTI CE SUREPALLI NANDA THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA % 31.07.2025 Between:

# K. Shedrak ... Petitioner And $ The District Collector, (SW)

Warangal (Urban) Warangal District & others … Respondents < Gist:

> Head Note:

! Counsel for the Petitioner : Sri Aravind Kumar Kata ^ Counsel for Respondents :Ld. AGP for Services-III ? Cases Referred:

(a) (2006) 5 SCC 88 (b) (1990) Supp; SCC 738 (c) (1998) 4 SCC 154 (d) (2005) 6 SCC 636 (e) 2016 (4) ALD 320 (DB)

(f) Civil Appeal No. 7113 of 2014 arising out of SLP ©

No. 25015 of 2011 HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.4765 of 2023

ORDER:

Heard Sri Aravind Kumar Kata, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services-I I I appearing on behalf of the respondents.

2. The petitioner approached this Court by filing the present writ petition seeking the prayer as under:

“…..to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus a) To call for the records relating to the present charge memo issued vide proc. No. Rc.No.a1/235/2015 dated; 27-1-2018 of the 1^st respondent and set aside are quash the same on the ground of inordinate delay in initiation as well as in continuation of the proceedings, despite of cooperation from the petitioner and on that ground with holding retiral benefits of the petitioner is as highly illegal, arbitrary, unjust, improper, including various judicial pronouncements of Hon’ble Apex Court, including this Honourable Court in the subject matter as well as orders issued in GO.Ms.679 GA (Ser.C)

Department dated 1-11-2008 of the Government.

b) And consequently direct the respondents to forthwith release due retiral benefits of the petitioner, such as full pension , Gratuity, and commutation value of pension with interest at the rate 24% per annum from the date of retirement till actual payment is made and to pass.....”

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

i) The petitioner was initially appointed as a Teacher and later recruited as Hostel Welfare Officer Grade-II on 06.11.2002, and retired from service on attaining superannuation on 30.04.2018. While working at the Social Welfare Boys Hostel, Kodakandla, a surprise check was conducted by ACB officials on 25.03.2015. Based on the said check, the 1^st respondent issued a charge memo dated

27.01.2018, after a delay of nearly three years.

ii) Thereafter, the petitioner submitted a detailed explanation denying the charges, and an Enquiry Officer was appointed, who submitted his report on 04.06.2020. Despite full cooperation from the petitioner, no final action had been taken for over two and a half years after the submission of enquiry report.

iii) It is further the case of the petitioner that due to the pendency of these prolonged departmental proceedings, the petitioner’s retirement benefits, including full pension, gratuity, and commutation, have been withheld. Aggrieved by the same, the petitioner filed the present petition.

PERUSED THE RECORD:

A) The relevant portion of the charge memo vide proceedings Rc. No.A1/ 235/ 2015 dated 27.01.2018 of the District Collector (SCDD) Warangal (Urban) is extracted hereunder:

“Sri K.Shadrach, Hostel Welfare Officer, Gr.ll, Govt. SW Boys Hostel, Kodkandia is hereby directed to submit his explanation as to why the major penalties s