V.C. OBULESU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Mr. S. Jagadish, learned counsel for the petitioner, learned Government Pleader for Services-IV appearing for respondent Nos.1, 2, 3 and 5, and Mr. P.C. Reddy, learned Standing Counsel for the 4th respondent.

(2.) The writ petition is filed questioning the action of the respondents in keeping the disciplinary proceedings pending against the petitioner since 2015 in respect of the allegations relating to the year 2011-2012 without finalising and releasing 80% of the gratuity and encashment of earned leave and other pensionary benefits due to the petitioner as per proviso to Rule 52 (1) of the A. P. Revised Pension Rules (for short 'the Pension Rules') as well as G.O.Rt.No.1097 dtd. 22/6/2000 as illegal, unjust, arbitrary, unconstitutional and contrary to various judgments of the Hon'ble Supreme Court as well as the Hon'ble High Courts.

(3.) During the year 2015, while the petitioner was working as a Bill Collector in Nandyal Municipality, he was served with a Charge Memo vide G.O.Rt.No.466 dtd. 29/6/2015 wherein it was alleged that the petitioner committed irregularities in respect of property tax by entering lesser measurements in online than the actual measurements for the assessment year 2011-2012. The petitioner submitted his explanation on 27/8/2015 denying the charges levelled against him. Instead of NJS,J W.P.No.23224_2021 considering the explanation of the petitioner, the 1st respondent appointed an Enquiry Officer and a Presenting Officer for conducting enquiry in the year 2016. The Enquiry Officer submitted his report in the year 2017, but no final orders were passed. In the meanwhile, the petitioner was promoted as Junior Assistant and retired from service on 30/6/2019. The respondents have fixed provisional pension, but not released the gratuity and other benefits as per proviso to Rule 52 (1) of the Pension Rules as well as G.O.Rt.No.1097 dtd. 22/6/2000. As the respondents are not releasing the pensionary benefits due to the petitioner on the premise that the disciplinary proceedings are pending, the present writ petition is filed.