THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
W.P. No. 15600 of 2020
ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:
".....to issue writ, order or direction more particularly one in the nature of writ of mandamus declaring the Charge Memo issued vide Proceedings No.298/A2/2015 dated 24.06.2015 issued by the 1st respondent as void, illegal, arbitrary, discriminatory and unconstitutional and contrary to the Judgments of the Hon'ble Supreme Court of India as well as Hon'ble High Court and contrary to the A.P.C.S. (CC & A) Rules and also on the ground of inordinate delay in finalizing the disciplinary proceedings vide Charge Memo in Proceedings No.298/A2/2015 dated 24.06.2015 issued by the 1st respondent and set aside the same and consequently direct the respondents to release all the pensionary benefits due to the petitioner with interest from the date of retirement of the petitioner till the date of actual payment is made, and pass such other order or orders ...."
2. Heard learned counsel for the petitioner, learned Government Pleader for Services-II for the respondents.
3. The present writ petition is filed to quash the Charge Memo issued by the Regional Joint Director, Women Development and Child Welfare, Kurnool, vide proceedings No.298/A2/2015 dated 24.06.2015 by relying on certain judgments of the Hon'ble Apex Court and this High Court.
4. Per contra, learned counsel for the respondents would submit that soon after the receipt of the Enquiry Report from the Assistant Project Director, DW&CDA Kadapa / Successor Enquiry Officer and also the pension proposals of the petitioner from concerned officers, the 2 1st respondent has addressed letters to the Accountant General, AG A.P., Hyderabad, vide Lr.No.183/A/2020 dated 29.06.2020 to release the Provisional Pensionery benefits to Sri N. Bala Gurappa Senior Assistant ICDS Project, Proddatur (Rural), who retired from service on attaining the age of superannuation on the AN of 31.05.2020.
5. It was asserted in the counter affidavit that draft letters were addressed to the Director, Women Development and Child Welfare, Guntur vide letter No.1260/A2/2010, dated 21.07.2020 and Lr.No.298/A2/2015, dated 10.08.2020 respectively to conclude the disciplinary cases pending against the petitioner under rule 9 of A.P. Revised Pension Rules 1980. Accordingly, enquiry was conducted against the writ petitioner and the charges were proved against him and copy of the enquiry report along with the supported documents in the disciplinary cases has been served on the petitioner through the Project Director, DW&CDA, Kadapa calling for his explanation to the enquiry report. It is stated that upon receiving explanation from the writ petitioner with regard to enquiry report, final orders will be passed accordingly.
6. Counter reveals that Petitioner involved in some other disciplinary proceedings, which are pending against the petitioner.
7. In view of the above, this Court is not inclined to quash the Charge Memo vide Proceedings No.298/A2/2015 dated 24.06.2015 and hereby directed the respondent authorities to complete the enquiry and 3 pass final orders within a period of three months from the date of receipt of copy of the order.
8. With the above said direction, the writ petition is disposed of. No costs.
Miscellaneous Petitions pending, if any, shall stand closed.
_______________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 19-09-2022 Harin 4 THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO 88 W.P.No.15600 OF 2020 Date: 19-09-2022 Harin