SHAIK MASTAN VALI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed under Article 226 of the Constitution of India seeking following relief:

(2.) The brief facts of the case are that the petitioner initially joined as attendar in the 3rd respondent department and thereafter, he was promoted as Senior Assistant, while so, after attaining the age of super annuation, the petitioner got retired from the services on 31/5/2016. While the petitioner was working as Senior Assistant in Pandugala Commercial Taxes Border Checkpost, Dachepalli Mandal, Guntur District, all of a sudden on 15/3/2016, a surprise check was conducted by Anti Corruption Bureau and during the course of that surprise check, the Anti Corruption Bureau authorities found Rs.350.00 from the petitioner which got tallied with the amounts entered in the personal cash register.

(3.) Thereafter, the 3rd respondent herein, issued a show cause notice to the petitioner vide Rc.No.80 of 2016/D2, dtd. 29/4/2016, for which the petitioner submitted his explanation on 5/5/2016. While so, the petitioner got retired from his service on attaining the age of superannuation and as no further action been initiated against him, he was under the impression that the said proceedings have been stalled. But, however, to his surprise, the impugned order vide Rc.No.140/2017-A3.1, dtd. 5/9/2017, the 3rd respondent sanctioned only 75% of the provisional pension, withholding the full gratuity of the petitioner and subsequently considering the request of the petitioner, the 3rd respondent had released the leave encashment and GPF to the petitioner, but however have withheld the gratuity till today, which is under challenge before this Court.