P. Shyam Sunder vs The State Of Telangana
2024 Latest Caselaw 2722 Tel

Telangana High Court

P. Shyam Sunder vs The State Of Telangana on 16 July, 2024

      THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI

                     WRIT PETITION No.4595 of 2018
ORDER:

This writ petition is filed seeking to grant the following

relief:

"... to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the impugned Charge Memo dated 08.11.2017 in Tribunal Enquiry Case No.486 of 2013 and served on 29.01.2018 issued by the 3rd respondent herein for the incident related to year of 2011, as illegal, arbitrary, without jurisdiction and in violation of Rule 9(2)(b)(ii) of A.P. Revised Pension Rules, 1980 and contrary to the Full Bench Judgment of this Hon'ble High Court reported in Sri K. Satyanarayana vs. State of Andhra Pradesh (AIR 1973 AP 223) and causing prejudice in getting implementation of the orders passed in W.P.No.17838 of 2017 dated 01.06.2017 for releasing my full pension and Gratuity, and set aside the same and consequently direct 1st and 2nd respondents to release my full Pension, Gratuity and other retirement benefits immediately and pass such other order or orders may deem fit and proper in the circumstances of the case."

2. During the course of hearing, it is represented by

Mr. K. Ramalingeswara Rao, learned counsel appearing on behalf

of the petitioner, that the issue involved in this

writ petition is squarely covered by an order dated 07.12.2023

passed by this Court in W.P.No.38165 of 2018. Learned counsel

further submitted that writ petition is filed challenging the

charge memo dated 08.11.2017 in T.E.C.No.486 of 2013 served

on 29.01.2018 relating to an incident of the year 2011, which is

arbitrary, without jurisdiction and violation of Rule 9(2)(b)(ii) of

Andhra Pradesh Revised Pension Rules, 1980. It is also

submitted that the petitioner has been paid full pension and

other benefits and he is seeking interest @ 9% per annum from

the date the benefits had become due till the date of payment.

It is urged that the impugned charge memo dated 08.11.2017

be quashed.

3. In view of the order dated 07.12.2023 passed by this Court

in W.P.No.38165 of 2018 and for the reasons alike, the writ

petition is allowed quashing the impugned charge memo dated

08.11.2017 served on 29.01.2018. Needless to state that

petitioner is entitled to interest @ 9% per annum from the date

the benefits are due till the date of payment. There shall be no

order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

____________________________ ANIL KUMAR JUKANTI, J Date:16.07.2024 Note:- 1. Issue C.C. in two (2) days.

2. Registry is directed to annex a copy of the order dated 07.12.2023 in W.P.No.38165 of 2018 to this order.

(B/o) KH

THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI

Date:16.07.2024

KH