High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue to call for the records relating to the impugned orders issued by the Government in G.O.Ms. No. 53, Edn. Dated 21'6'2007 and the connected orders issued in Rc. No. 1O2tC3tPent2O04, dated 13.12.2004 issued by the 3rd respondent and quash the same as being illegal, arbitrary' unjust and consequently hold that the applicant is entitled for release of the full pension with all consequential benefits. Counsel for the Petitioner: SRI D.LINGA RAO Counsel forthe Respondents: GP FOR SERVICES I The Gourt made the following: ORDER JJ- l; .i- I I I I l I I i THE HON'BLE SMT. JUSTICE P. SREE SUDI{A WRIT PETITION TRI No.5O81 OF 2Ol7 ORDER: This, 'writ petition is filed to call for the recor 1s relating to the irnpugned orders issued by the Government in G.O.Ms.No 53, Edn. Dated 21.6.2007 and the connected orders issued in Rc.No.1O2 lC3lPenl2004, dated 13.12.2OO4 issued by the respondent No.3 and to quash the same and consequent.ly hold that the applicant is entitled lor release of the fu11 pension with all consequential benefits

2. Hea:-c[ both sides. Perused the record

3. The pretitioner was appointed as Junior Lecturer with effect frorrr 03.12.7979 in Zone-IY and continued as such till he retired from his service on 29.O2.2OO4. White he was working as Junior Lecturer in Government Junic,r College, Suryapet, during the year 1982-83 and 1983-8, thc: Principal of the saicl college requested the petitioner to assist for disbursem ent of scholarships of Intermediate 1" year SC students zurd accordingly he did the same only fc,r lst year i.e., 1982-83 but not for 1983-84. Respondent No.3 issued charge rnemo dated 23.01.2OO4 on the allegation that petitioner rnisappropriated the Government amoun.[ which is against Rule 3 (1) of the A.P.C.S (Conduct) Rules, 1964. It 2 was held that charges were framed against Principal of the College, as he failed to maintain Admission Register during 1982-A3 and not recorded caste particulars of students and also against the Warders including petitioner herein for not maintaining proper records and misused the scholarship amount. The representation was given by the Students Union on 11.06.1984 arld the penalty was imposed on 2r.06.2007.

4. t earned counsel for petitioner stated that penalt5r was imposed only upon the petitioner and he further stated that no presiding officer was appointed during the enquiry proceedings and there was a delay of 2O years in conducting enquiry and it was conducted at the fag end of the retirement and the penalty of 5%o cut in the pension perrnanently was imposed and a-lso an amount of Rs.29,160/- together with interest @ IO% was recovered from DCRG payable to the petitioner. For the reasons best known to the authorities, no punishment was imposed upon warden and the penalty was only imposed upon petitioner and it clearly shows that the penalty was imposed in biased manner. It was also stated that against the Service and Conduct Rules, the cheque \ \ I .:e"+**, l_1 l I \ I J issued to him was disbursed by the students rr-s per the orders of the Principa-l. He was retired on 29 .O2.2CO4

5. In zr counter hled by the Regional Joint I)irector of Intermediate Education, Warangal, he stated th at he has aSsisted the Scholarship section and res;orted to misappropriation of funds of SC Scholarships by ,jisbursing the SC Sch.olarship to 24 BC Students in the year. 1982-84. Article of Charge was framed against petit-ioner on

05.01.2004 and this clearly shows that there was abnormal delay in friming of the charges against the petitroner. He submitted his defence statement on 04.O2.2OO4. Enquiry Officer u-as appointed and he submitted his report .and in the report he hold that the Charge I is provecl ag;ainst the petitioner herein. He further stated that penalty was imposed as per G.O.Ms.No.S, Higher Education Departm,ent dated 21 .06.2007 and it was implemented on 13.1.2.2002. It is further stated that applicant accepted his fault in maintainirrg; of Scholarships records. It is aiso statt:d that he kept quiel- for 8 years after the issuance of Gcvernment Orders.

6. Learned counsel for petitioner stated that the petitioner approache,l the Administrative Tribunai in the year 2OO7 4 6 itself and as the matter is transferred to High court, it was renumbered in 2OL7 and thus there is a delay on the part of the petitioner. Though enquiry was conducted against the petitioner herein, there were several lapses. Though Principal and two others including the petitioner were held responsible, the punishment was imposed.only against the petitioner. 7 . On perusal of the record, it clearly shows that the punishment is only imposed against the petitioner, as such the punishment imposed against the petitioner is illega1 and is liable to be set aside. In the result, this Writ Petition is allowed. Petitioner is

8. entitled for consequential benefits and he is entitled for deducted amount of Rs.29,16O/- together with interest (@ 10% and 5% cut in the pension. The authorities are directed to pay the amount within two (O2) months from the date of receipt of a copy of this Order. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. To //TRUE COPY// SD/-T. TIRUMALA DEVI TANT REGIST ECTION OFFICER 1 2 p9c.rytflV, Education Department Ap Secretariat, Hyderabad. Telangana State, Secretariat buildings, Hyderabad, Government of Telangana SOOOZZ I he Uommrssioner and Difector of lntermediate Education TSlHyderabad.

3. The Regional Joint Director of lntermediate Education TS Hyderabad. 4. The Accountant General TS Hyderabad 500 OO4, 5. One CC to S;Rl D.LINGA RAO, Advocate tOpUCi 6. Two CCs to cP FOR SERVICES-|, High Court for the State ol Telangana, at 7. Tvyo CD Copies Hyderabad. [OUT] PSK. BS Vv 1: HIGH COURT DATED:0610212025 \ \ ORDER WP(TR).No.5081 of 2017 1 HE ST4 r 6 o 2 B f il 2025 C, + o ,:) 'a-, '. ,,t1, + ALLOWTNG THE WR|T PETITION (TR) WITHOUT COSTS p.{4 V, f'6('