Andhra Pradesh High Court - Amravati
N Bala Gurappa vs The Regional Deputy Director on 19 September, 2022
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
W.P. No. 14984 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.1260/A/2011 dated 05.08.2011 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.1260/A/2011 dated 05.08.2011 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 Women Development, Child Welfare for the respondents.
3. The present writ petition is filed to quash the Charge Memo
issued by the Regional Deputy Director, Women Development and Child
Welfare, Kurnool vide proceedings No.1260/A/2011 dated 05.08.2011
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 since the charges framed against the petitioner both in above said
two disciplinary cases were held proved as per the enquiry reports
submitted by the concerned departmental Enquiry Officers as well as
the District Leave Committee for Sexual harassment of Women at Work
place of Kadapa District, letters addressed 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.1260/A/2011 dated 05.08.2011 and
hereby directed the respondent authorities to complete the enquiry and
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
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
W.P.No.14984 OF 2020
Date: 19-09-2022
Harin
