U.Rama Murth v. Ij:.^S^t-l: of Te-langana
Case Details
Acts & Sections
..,RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ order or direction especially one in the nature of writ of mandamus declaring that a) the action of the Respondents in not fixing the pension of the Petitioner by paying full pension and not releasing the retiremental benefits payable to the Petitioner in pursuance of his retirement dated 31.08.201g and in pursuance of dropping of further action against the petitioner is illegal, arbitrary, discriminatory, violating Article '14, 16, 21 and 300-4 of constitution of lndia' b) further declare that, the Respondents shall forthwith release all retiremental benefits payabre to the petitioner by fixing his pension by paying fulr pension in pursuance of proceedings dated 2o.02.2o18 and in pursuance of the report of the Enquiry Officer dated 30.O1.2021 . lA NO: 1 OF 2025 Petition under section 1sl cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct theRespondentstoforthwithreleasealltheretirementalbenefitspayabletothe Petitioner by fixing his pension @ his full pension' pending disposal of the Writ Petition. Counsel for the Petitioner: SRI SRINIVASA RAO MADIRAJU il;;;ii"t The Court made the following: ORDER ir't" n""p"ndents: GP FoR SERVICES lll r-, THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.235 oF 2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: ".-.to issue a writ, order or direction especially one in the nature of Writ of Mandamus declaring that (a) the action of the respondents in not fixing the pension of the petitioner by paying full pension and not releasing the retiremental benefits payable to the petitioner in pursuance of his retirement dated 31.0g.201g and in pursualce of dropping of further action against the petitioner, as illegal, arbitrary, discriminatory and violation of Articles 14, 16, 2l and 300_A of the Constitution of India; (b) further declare that the respondents shall forthwith release all retirement benefits payable to the petitoner by fixing his pension by paying full pension in pursuance of proceedings d,ated 2O-O2.2O18 and in pursuance of the report of the Enquiry Officer dated 30.Ot.202t..." 2 Heard Sri Srinivasa Rao Madiraju, learned counsel for the petitioner and learned Government pleader for Services-Ill, appearing for the respondents
3. Learned counsel appearing for the petitioner submitted that while the petitioner was working as Assistant Mines Officer, Offlce of the Director of Mines & Geologr, Hyderabad, a case was registered against him in tJle year 2OO9 by the ACB officials on the allegation of possession of assets disproportionate to his known sources of income and .lt 2 PK,J up 235,2025 accordingly, 1-he matter was referred to the Chairman, Industrial Tri-bunal-I to initiate Disciplinary Proceedings After comPletion of enquiry, the again st the Pretitioner. Tribunai submitted ITS report vide TEC'No 'll2ol2 and held that the charged officer is found not guilty of the charges framed against him. Basing on said report' respondent No'I uideMemo Nc,.3108/Vig .Al l2OOg' dated 20'O2'2018' dropped , further action against the petitioner'
4. Learned counsel further submitted while the petitioner u'as working as Assistant Mines Officer another charge melno was issued to him uide Memo No.31O8/Vig .Al l2OOg, d'ated' 20'O2'2018 stating that the petitioner has not submitted Annual Property Returns for the period from 1983 to 2OO2 and 2OO4 to 2OO9 to the competent authority and also not obtained permission for acquiring immovable assets, for which the petitioner has submitted his explanation. Without considering the same' an Enquiry Officer was :rppointed, he completed enquiry and submitted report to respondent No.2 vide Letter No'RA /2lJDMGl2O2O' dated 30.01.2O21 holding that the charges framed against the petitioner were not Proved. t 3 wp 235 2025
5. Though enquiry report was submitted on 3O.Ol.2O2l till date the respondents are not passing aly orders on the enquiry report. However, in the interregnum period, the petitioner was retired from service on 31.0g.2O1g on attaining the age of superatnuation and he was getting provisional pension only and not getting other benefits. Therefore, learned counsel for the petitioner seeks indulgence of this Court to direct the respondents to graht full pension to l the petitioner and to pass appropriate orders on the enquiry I t report, dated 30.0 1.202 1.
6. On instructions, learned Government pleader submitted that since the petitioner retired from service, the enquiry report was forwarded to respondent No.1 uide letter, dated O2.O2.2O21 and orders are awaited from the Government.
7. Having regard to the submissions made by learned counsel for respective parties, this Court is of the view that it is appropriate to direct respondent No.1 to pass appropriate orders on the enquiry report submitted by the Enquiry Officer ui.d.e Letter No.RA/2/JDMGl2O2O, dated 30.01.2021, in accordance with law, as expeditiously as possible, preferably 4 PK,J u)o 235 2025 within a periocl of four (4) weeks from the date of receipt of a copy of this order'
8. Wir-h the above observations' the Writ Petition is disposed of. 'l'here shall be no order as to costs' Miscellaneouspetitionspending,ifany,sha]lstand closed. I SD/.T. TIRUMALA DEVI ASSISTANT REGISTRAR \... \. 'I //TRUE COPY// SECTION OFFICER To 1 2 3 4 5 PSK. BS H?5I',*3Xfl ;,"8ifilXHf%oo3YT:i:ru:'llt'j,:"ss1g3:#'1"J33raoao' ?l'J"r?J":iJ?:?tl'ifl", uno Georogv (FAc), 2nd froor' Mv Home sarovar Praza' igriqqgs*lcltl,mcNl?;trg:lt?J:,?'i%t?i"1?l"unsun,,ut Hvderabad [OUTI Two CD CoPies / I HIGH COURT DATED:1010112025 ORDER WP.No.235 ot 2025 CC TODAY ( /? o 1yt E SiA 16- 6 () 22lAt{ zffi * fr._ Tr'i-''O 4 -1 DISPOSING OF THE WRIT PETITION WITHOUT COSTS / 4,A {4/rZzg