Andhra Pradesh High Court - Amravati
A. Chakrapani, Rajamundry. vs The Chai. Board Of Dir., G.C.C.Ltd., ... on 14 February, 2024
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
WEDNESDAY, THE FOURTEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH NUNEPALLY
WRIT PETITION NO: 16524 OF 2008
Between:
1. G.RAJGOPAL,CHITTOOR DISTRICT, S/o.Siddappa Ex Junior
Asst. Girajan Cooperative Corporation Plot No.2 D.No.4-40
Indiranagar Pileru Chittoor District
...PETITIONER(S)
AND
1. THE GIRIJAN COOPERATIVE CORPORATION VIZAG ANOTHER,
opp.Vuda Park,Chinawaltair Visakhapatnam Rep.by its Vice-
Chairman& Managing Director Director
2. The General ManagerFinance, Girijan Cooperative Corporation
Opp.Vuda Park Chinawaltair,Visakhapatnam
...RESPONDENTS
WRIT PETITION NO: 16728 OF 2008
Between:
1. R. LAKSHIMINARAYANA, SEC-BAD., S/o. Janardhan Rao Ex-
Stores Assistant Girijan Cooperative Corporation, R/o. Plot No.2,
D.No.5-3-317, Lalji Masji Compund-Zeera, M.G. Road,
Secunderabad.
...PETITIONER(S)
AND
1. THE GIRIJAN COOP CORPORATION ANOTHER, Opp. Vuda
Park, Chinawaltair, Visakhapatnam, rep. by its Vice-Chairman &
Managing Director.
2. The General Manager Finance, Girijan Cooperative Corporation,
Opp. Vuda Park, Chinawaltair, Visakhapatnam.
...RESPONDENTS
WRIT PETITION NO: 18860 OF 2008
Between:
1. A. CHAKRAPANI, RAJAMUNDRY., S/o. Late Bhadraiah Gorijan
Cooperative Corporation R/o. D.No. 61-41-1/3, P&T Colony,
Korukonda Road, Near Srinvasa Convent, Rajamundry.
...PETITIONER(S)
AND
1. THE CHAI BOARD OF DIR G C C LTD VISAKHAPATNAM 3 ANO,
Corporation Ltd., Visakhapatnam
2. The Girijan Cooperative Corporation Ltd, Opp. Vuda Park,
Chinawaltair, Visakhapatnam. Rep. by its Vice-Chairman &
Managing Director.
3. The General Manager Finance Girijan Cooperative, Corporation,
Opp. Vuda Park, Chinawaltair, Visakhapatnam
4. The Deputy General Manager Finance, Girijan Cooperative
Corporation, Opp. Vuda Park, Chinawaltair, Visakhapatnam.
...RESPONDENTS
The Court made the following Common Order:
The petitioners are aggrieved by the issuance of proceedings
dated 16.05.2007, 21.01.2008 and 24.09.2003. Whereby, the
respondents have passed orders for initiating recovery of dues from
the respective petitioners. The communication to the concerned pay
bills section for recovery has been communicated.
2. The learned counsel for the petitioners' submits that the impugned
orders are passed without conducting any enquiry. Learned counsel also
submits that pursuant to the Show Cause Notice, the petitioners
submitted their explanation however, the respondents for the reason
better known to them have passed orders for recovery without
conducting any enquiry. The learned counsel also submits that all the
petitioners have attained the age of superannuation and their gratuity
and leave encashment has been withheld by the respondents.
3. The respondents in their counter have denied the claim of the
petitioners and submitted that the recoveries are initiated basing on the
quantum of spillage arrived at for the various years for which the
petitioners were in-charge and responsible for the goods. The allegation
of irrational quantification of the deficit in stocks which accrued on
account of spillage and that the deficit found was beyond acceptable
limits.
4. The attention of the Court is also drawn to the proceedings
pending before the Hon'ble Supreme Court of India in
S.L.P(C).No.13946 of 2006 whereby similar orders pertaining to
initiation of disciplinary proceedings against employees beyond their
date of superannuation was under challenge. At the time of filing of
the counter by the respondents the S.L.P was pending.
5. The learned counsel for the petitioners' has placed on record the
copy of the judgment passed in S.L.P(C).No.13946 of 2006. The crux of
the matter which requires adjudication is whether the respondents-
Corporation had the power to initiate disciplinary proceedings against
the employees without following any rules or by laws. The stand of the
respondents-Corporation that by virtue of the circular letter dated
29.08.1998 whereby, the respondents are said to have adopted the
CCS rules was found fault with by the Hon'ble Supreme Court of
India. It was also held that in the absence of any rules, the
disciplinary proceedings against the retired employee should not have
been continued.
6. In the present case, the respondents have continued the
disciplinary proceedings against the petitioners beyond the date of
their superannuation and in all these cases the respondents have not
conducted any enquiry as is required for initiating or imposing any
punishment against the erring employees. In the absence of
conducting a proper enquiry, the impugned proceedings cannot be
passed and they cannot sustain the scrutiny of law. For the aforesaid
reasons the impugned proceedings are hereby set aside the
respondents are further directed to release all the pending benefits
including gratuity and leave encashment of the petitioners within a
period of four weeks from the date of receipt of copy of the order.
7. Accordingly, these Writ Petitions are allowed with. No order as to
costs.
As a sequel, pending miscellaneous petitions, if any, shall stand
closed.
________________________
JUSTICE HARINATH.N
14.02.2024
SNI
