B V KOTESWAR RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Government pleader for the respondents. With their consent the writ petition is disposed of finally.

(2.) Petitioner was appointed as Record Assistant on 01.11976 in Dharmavant Multipurpose Higher Secondary School, Yakatpura, Hyderabad. He earned promotions as Junior Assistant and Senior Assistant. While working as Senior Assistant, on 07.07.1979, the Anti Corruption Bureau (ACB) Authorities conducted surprise check at Dharmavant Junior College, and registered crime against Principal of the College on certain allegations of mis-appropriation of amounts by colluding with the staff. In the said incident petitioner was implicated. ACB filed charge sheet in C.C.No.8 of 2006 on the file of Principal Special Judge for SPE and ACB Cases-cum-IV Additional Chief Judge, City Civil Courts, Hydearbad and petitioner was shown as accused No.1. While above criminal case pending, on attaining the age of superannuation, petitioner was retired from service with effect from 29.0201 As criminal case was pending, only provisional pension was sanctioned to him. By the judgement rendered on 30.09.2014 the criminal court acquitted petitioner of the charge levelled on him. After his acquittal petitioner filed W.P.No.4422 of 2016, praying to declare the action of respondents in not releasing retirement/pensionary benefits, even though he was acquitted of the criminal case as illegal. The said writ petition was disposed of by order dated 18.04.2016granting liberty to the petitioner to make a representation within a period of one month and if any such representation was made, the same should be considered and appropriate orders be passed. Consequent thereon, Government passed orders vide G.O.Rt. No. 71 dated 10.04.2017 rejecting request of the petitioner to release full pension and retirement benefits as Crl. A.(SR) No. 11641 of 2015 was preferred by the ACB against acquittal granted by the trial Court and is pending. Challenging the same, this writ petition is filed.

(3.) At the stage of admission, this Court by order dated 27.04.2017 directed release of gratuity and full pension without reference to pending criminal appeal. Alleging violation of the said interim order petitioner filed C.C.No.2499 of 2017.