SHAIK KHASSIM PRESIDENT CONSUMERS WELFARE ASSOCIATION BITRAGUNTA NELLORE Vs. SARPANCH VISWNATHRAOPET GRAM PANCHAYAT

JUDGEMENT

(1.) This Court received a representation from the Consumers welfare Association, Bitragunta, Nellore District and by Orders dt.22-12-1992, it was taken up and treated as a Writ Petition and notices were issued to the respondents. On behalf of the respondents Sri K. Padmanabha Rao, Executive Officer, Viswanatharaopet Gram Panchayat, Nellore District filed the Counter affidavit.

(2.) In the aforesaid representation, the grievance is made that one B. Govindarajulu S/o. Sri Ramaiah, served as Junior Assistant in the Gram Panchayat, Viswanatharaopet, Nellore District for a period of 32 years and retired on 30-11-1991 on superannuation and the pension proposals were held up by the Sarpanch and the Executive Officer of the Gram Panchayat for about ten (10) months and then set to District Panchayat Officer on 19-9-1992. The relief claimed is for settlement of the pensionary benefits of the said Sri B. Govindarajulu. In the Counter affidavit filed by the Executive Officer of the Gram Panchayat, it is stated that the Sarpanch and the Executive Officer, Gram Panchayat (Respondents 1 and 2 in this Writ Petition) are not the pension sanctioning authorities nor the pension disbursing authority. The District Panchayat Officer - Respondent No.3 is the authority to sanction the retirement benefits. Respondents 1 and 2 have admitted that they "have already duly submitted pension proposals to the District Panchayat Officer, Nellore on 19-9-1992" and that no papers relating to the said Govindarajulu are pending with respondents 1 and 2. It is further stated that the District Panchayat Officer, Nellore District directed the Executive Officer to stop all the pension benefits to the said Junior Assistant Govindarajulu till further Orders on 17-2-1992 by Telegram. It is further stated that an Enquiry was held against the retired Junior Assistant regarding misappropriation of an amount of Rs.70,000/- and a report was submitted to the District Panchayat Officer, Nellore on 2-1-1993 by the Divisional Panchayat Officer, Kavali and the detailed enquiry reports are under process to finalise as to what actual action would have to be taken against the said retired Junior Assistant Govindarajulu for the alleged misappropriation. Amongst the material papers filed with the said Counter affidavit, it is seen that the audit report for the year 1989-90 shows certain irregularities. A reply affidavit has been filed by the said Shaik Khasim, President of the Consumer Welfare Association denying the allegations contending in the Counter affidavit and stating that no enquiry whatsoever has been conducted by the respondents and at no occasion, the retired Junior Assistant has been summoned for enquiry or issued any showcause notice with regard to any charges with reference to misappropriation of funds.

(3.) From the pleadings, it is clear that Sri B.Govindarajulu served in the Office of Gram Panchayat, Viswanatharaopet, Nellore for over 32 years and retired on 30-11-1991. The retirement benefits to which the said Govindarajulu was entitled to and all paper work in connection therewith in the form of proposals for sanctioning the same have also been submitted by respondents 1 and 2 to the District Panchayat Officer, respondent No.3 who is the sanctioning authority. From the averments made in the Counter affidavit, it is clear that the 3rd respondent directed the Executive Officer to stop all the pension benefits to the Junior Assistant till further orders. That was on 27-2-1992 and it was communicated by Telegram. Even thereafter from 27-2-1992 till date no enquiry has been conducted nor any action has been taken by the respondents against the said Govindarajulu either for misappropriation or on any other charge.