B.UPENDER RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed seeking to declare the action of the respondents in continuing the disciplinary proceedings against the petitioner pursuant to the solitary charge framed against him vide G.O.Rt.No.303, Health, Medical and Family Welfare (VC.III.I) Department dtd. 19/3/2005 depriving the pensionary benefits to the petitioner on the said ground though the petitioner retired from service on 31/1/2010 by ordering second enquiry contrary to the provisions of Rule 21 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 (for short, 'the Rules"), as illegal and arbitrary and consequently, direct the respondents to sanction and pay full retirement benefits to the applicant together with an interest of 18% per annum.

(2.) The facts of the case, in brief, are that the petitioner was appointed as Civil Assistant Surgeon and joined in Service on 22/11/1982 at Government Dispensary, Aliabad, Hyderabad. While working as Assistant Professor, he was promoted as Associate Professor and thereafter, he was promoted as Professor in September, 2003. Subsequently, he was reverted as Associate Professor in June, 2005. It is stated that the petitioner proceeded on approved medical leave from 31/10/2003 and thereafter, extended the leave from time to time upto 15/12/2005. He applied for Voluntary Retirement from service on 12/12/2005 i.e., after completion of 21 years of service.

(3.) Prior to making of the application for voluntary retirement, disciplinary proceedings were initiated against the petitioner vide G.O.Rt.No.303, Health, Medical and Family Welfare (VC.III.I) Department, dtd. 19/3/2005 alleging that the petitioner unauthorisedly absent to duty w.e.f. 26/12/2003 and thereby caused inconvenience to the administration. Thereafter, an enquiry officer was appointed to conduct an enquiry into the said allegation. Accordingly, the Enquiry Officer has conducted an enquiry and submitted a report stating that the petitioner had applied for Medical Leave along with Medical Certificates from 1/11/2003 to 29/6/2005 and later applied for voluntary retirement on 30/6/2005 on medical grounds.