B.RAMESH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking a Writ of Mandamus, declaring the entire action of respondents in not passing final orders inspite of concluding the inquiry and concluding the proceedings in respect of co-delinquent employee, namely, Sri S.Chandrasekhar Reddy, Superintendent (Retd.), even though common charges were framed and common inquiry was conducted against all, on the sole ground that the said individual obtained interim orders from this Court in W.P.No.36313 of 2018, dated 25.10.2018, as highly illegal, arbitrary, discriminatory and violative of principles of natural justice and sought consequential directions, directing the respondents to forthwith pass final orders by concluding the disciplinary proceedings like other codelinquent employee, namely, Sri S.Chandrasekhar Reddy, Superintendent (Retd.), to enable petitioners 1 and 2 to get their retiral benefits.

(2.) Heard Sri S.Satyanarayana Rao, counsel for petitioners and the Government Pleader for Services-II, appearing for respondents.

(3.) It has been contended by the petitioners that they were working with the respondents and the respondents have initiated disciplinary proceedings against them including several other employees of the respondents vide proceedings in G.O.Rt.No.212, dated 13.04.2016. Petitioners further contend that a common inquiry officer was appointed to inquire into the allegation of misappropriation of Government funds and the inquiry officer had conducted a common inquiry against all the employees and submitted his inquiry report. Thereafter, the State Government is not passing any orders even though the inquiry proceedings have been concluded. Counsel for petitioners submits that petitioners 1 and 2 have retired from service on attaining the age of superannuation during October 2014 and February 2018 respectively and contend that identical disciplinary proceedings were initiated against one Sri S.Chandrasekhar Reddy and when the State Government had not passed final orders in pursuance to the disciplinary proceedings initiated against the said individual, he had filed writ petition No.36313 of 2018 challenging the action of State Government in not passing final orders in pursuance to the disciplinary proceedings initiated against him and this Court granted interim directions directing the State Government to pass final orders in the inquiry, which was concluded on 12.07.2016 by the 3rd respondent within a period of three months from the date of receipt of copy of the said order. Thereafter, the State Government has passed final orders against Sri S.Chandrasekhar Reddy vide proceedings dated 12.12.2018 and imposed penalty of 5% cut in pension.