M. TIRUPATHI RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Smt. K.Pallavi, learned counsel for the petitioner, Sri Aswartha Narayana, learned Government Pleader for Services-I, Sri K.Srinivasa Rao, learned Standing Counsel for respondents 2 and 3 apart from perusing the material available on record.

(2.) Challenge in the present writ petition is to the order passed by the State Government vide G.O.Ms.No.64, HOME (COURTS-B) DEPARTMENT, dtd. 19/4/2017 and the consequential order of rejection dtd. 6/3/2019, rejecting the representation of the petitioner. The petitioner herein joined as Amin in the Court of Munsif Magistrate, Razole on 20/12/1977. After periodical promotions, he retired from service while working as Superintendent in the Agency Court of Judicial First Class Magistrate, Rampachodavaram, East Godavari District, pursuant to the order of compulsory retirement passed by the learned Principal District Judge, Rajahmundry on 1/10/2009. In respect of certain allegations pertaining to the period 27/4/2005 to 16/5/2007, six disciplinary proceedings were initiated. Out of six departmental enquiries, in respect of four, 1st respondent State Government issued G.O.Ms.No.31, LAW (LA&J-HOME-COURTS-D1) DEPARTMENT, dtd. 5/3/2014, G.O.Ms.No.32, LAW (LA&J- HOME-COURTS-D1) DEPARTMENT, dtd. 5/3/2014, G.O.Ms.No.33, LAW (LA&J-HOME-COURTS-D1) DEPARTMENT, dtd. 5/3/2014 and G.O.Ms.No.52, HOME (COURTS-B) DEPARTMENT, dtd. 6/4/2017, imposing in each of the enquiries, the punishment of 2% cut in pension permanently i.e. total of 8% cut in pension came to be imposed against the petitioner.

(3.) The petitioner herein did not question the aforesaid orders and filed W.P.No.23113 of 2015 for release of retirement benefits and the said writ petition was disposed of vide order dtd. 24/11/2015 with a direction to the respondents therein to complete the disciplinary proceedings and to issue final orders at the earliest, in any event not later than two months from the date of receipt of a copy of the order. Subsequently, the State Government while provisionally deciding to issue penalty of withholding 2% pension permanently on the petitioner, called upon the petitioner to submit explanation vide letter dtd. 17/12/2012.