THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION Nos.43313 and 43668 of 2017
COMMON ORDER:
These two writ petitions are filed seeking writ of mandamus
declaring the action of the respondents in not releasing full pension,
gratuity, leave encashment etc., to the petitioners, in spite of acquittal of the petitioner in W.P.No.43668 of 2017 in C.C.No.8 of 2008 and C.C.No.10 of 2008 and the petitioner in W.P.No.43313 of 2017 in C.C.No.10 of 2008 by the competent ACB Court, vide judgments dated 08.04.2013 and 26.05.2017 respectively, as illegal, arbitrary and violative of Articles 21 and 300-A of the Constitution of India apart from Rule 52 of the Pension Rules.
2. Heard Sri P.Ravi Shanker, learned counsel for the petitioners, and learned Government Pleader for Services-I appearing on behalf of the respondents.
3. Learned counsel for the petitioner submits that the petitioner in W.P.No.43668 of 2017 was appointed as Junior Instructor in the year 1966, thereafter promoted to various stages and finally retired as Assistant Apprentice Advisor (Assistant Director) on attaining the age of superannuation on 31.07.2000. While the petitioner was working as Principal of ITI (boys), Nizamabad, Crime No.11/ACB-NZB-2000 was registered under Sections 13(1)(c) and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the P.C. Act') and 2 thereafter charge sheet has been filed and the same was taken on file and numbered as C.C.No.8 of 2008 and in the said case, petitioner was acquitted and the said judgment has become final. Similarly, another crime was registered with similar charges against the petitioners and one Gnaneshwar vide Crime No.13/ACB-NZB/2000 under Section 13(1)(d) read with Section 13(2) of the P.C. Act read with under Section 34 IPC, wherein the petitioner was arrayed as accused No.2. 3.1. Similarly, the petitioner in W.P.No.43313 of 2017 was appointed as Junior Assistant in the year 1978 and thereafter he was promoted as Senior Assistant and retired on attaining the age of superannuation 29.02.2012. While the petitioner discharging his services, Crime No.13/ACB-NZB/2000 was registered under Section 13(1)(d) read with Section 13(2) of the P.C. Act read with under Section 34 IPC, wherein the petitioner was arrayed as accused No.3.
3.2. The investigation officer filed charge sheet and the same was taken on file vide C.C.No.10 of 2008. Learned counsel for the petitioner contended that learned Special Judge under the Prevention of Corruption Act for Speedy Trial of Cases of Embezzlement of Scholarship Amounts in Social Welfare Department Etc., Nampally, Hyderabad, (hereinafter called 'Special Court" for brevity) taking into consideration the oral and documentary evidence on record passed the 3 judgment in C.C.No.10 of 2008 on 26.05.2017 acquitting the petitioners.
3.3. He further submits that though the petitioners were retired from services on attaining the age of superannuation in the year 2000 and 2012, due to the pendency of the ACB case before the Special Court vide C.C.No.10 of 2008, the respondent authorities have not released the retirement benefits viz., pension, gratuity, leave encashment, commutation of pension and other accrued service benefits. Petitioners have approached the respondents and produced copy of the above said judgment and in spite of the same, they have not released the retirement benefits, only on the alleged ground that pendency of Criminal Appeal No.1307 of 2017 before appellate Court. 3.4. He vehemently contended that the respondents are not entitled to withhold the retirement benefits mere pendency of the criminal appeal and the same is contrary to law as well as Pension Rules. In support of his contention, he relied upon the judgment passed by the Division Bench of this Court in W.P.No.27607 of 2009 and batch dated 28.01.2010, wherein it is held that the Government has no power to withhold the pension/retirement benefits on the ground of pendency of criminal appeal and the same is contrary to Rule 52 of the Pension Rules.
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4. Per contra, learned Government Pleader submits that questioning the judgment passed by the Special Court, the complainant therein filed Criminal Appeal No.1307 of 2017 and the same is pending before this Court and the respondents have rightly withhold the retirement benefits and till the disposal of the criminal appeal, the petitioners are not entitled to claim the relief as sought in the writ petitions.
5. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it clearly reveals that the petitioners have retired from the services on attaining the age of superannuation i.e., 29.02.2012 and 31.07.2000 respectively, and the respondents are not released the pension, gratuity, leave encashment, commutation of pension and other accrued service benefits due to pendency of Criminal Appeal No.1307 of 2017.
6. It is very much relevant to mention here that the Special Court after taking into consideration the oral and documentary evidence on record passed the judgment in C.C.No.10 of 2008 by giving cogent findings and acquitted the petitioners for the offences under Sections 13(1)(d) read with Section 13(2) of the P.C.Act read with Section 34 IPC on 26.05.2017. Aggrieved by the same, the complainant/State filed Criminal Appeal No.1307 of 2017 and the same is pending before this 5 Court. The Division Bench of this Court in W.P.No.27607 of 2009 and batch dated 28.01.2010 after considering the judgment of the Hon'ble Apex Court specifically held that the respondents therein are not entitled to withhold the pension and retirement benefits merely pendency of the criminal appeal before appellate Court and the same is contrary to law. The principle laid down in the above said judgment is squarely applicable to the present case on hand. Hence, the action of the respondents withholding retirement benefits gratuity including pension of the petitioners is liable to be declared as illegal and contrary to law.
7. For the foregoing reasons as well as the law laid down by this court, this writ petition is allowed and the respondents are directed to release the pension, gratuity, leave encashment, commutation of pension and other accrued service benefits, etc., to the petitioners as per their entitlement, within a period of three (3) months from the date of receipt of a copy of this order.
8. Miscellaneous petitions, if any, pending in these writ petitions shall stand closed. No costs.
______________________ J. SREENIVAS RAO, J Date: 04.09.2023 mar