High Court · 2025

THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION N0:4179 OF 2025 Between: lqbal IVlohiuddin, S/o. Jaffar Mo Lecturer at Telangana Mrnoritie chandrayan gutta Hyderabad Boys, Chandrayan gutta Hyderabad hiuddin Age 62yrs, Occ. Retired Junior s Residential Junior college, Bharkas fi/o. H-No-'l B- 1 -4 1 Ol 132, Parivar township ...PETITIONER AND 1 2 J 4 State of Telangana, Represented by its Principal secretary Minority Welfare, Telangana Secretariate, Hyderabad, Telanagana Secretary Telanagna Minorities Resi$ential, educational institutuional society Nampally, Hyderabad. The Principal Accountant General (AandE), Hyderabad, Telanagana .500004 The Enquiry Officer, Joint Secreatary Telanagna Minorities residential educational institutuional society (T.M.R E.l.S), Nampally , Hyderabad Pin- 500004.

5. Pnncipal Secretary, Finance Departrirent, telangana Secretarate Hyderabad ...RESPONDENTS Petition under Article 226 of lhe Qonstitution of lndia praying that in the circumstances stated in the affidavit filFd therewith, the High Court may be pleased to direct the 1St respondent to tbke action and pass final orders on the enquiry report submitted by the 3rd respondent enquiry officer and also communication made by the 2nd respon(ent to the 1st respondent bearing letter No Dt. 04t11t2023 vide letter No.Lr.Rc.No.13761/A6/TMREIS/2019 and 2OlO1t2O24 vide letter No. Lr.Rc.No.13761/A6/TMREIS/2019. Basing on the enquiry report in consequence there of to pay the pension and pensionary benefits along with accrued interest by dqclaring the action of the l st respondent in not passing the final orders on the enquire report is illegal and contrary to law by issuing writ of [Vlandamus or any other writ or order or orders or directions as the Hpnourable court deems fit and proper in the interest of Justice. lA NO: 1 OF 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased ro direct the 1st respondent to pass finar orders on the communication made by the 2nd respondent to the 1st respondent by the letters Dt. o4/1112023 vide retter No.LrRc.No.13761/A6/TMREls/20i9 and Dated.2otoit2o24 vide letter No. Lr.Rc.No.1376 1/A6/TMREls/2019, in consequence there ol to grant retirement benefits to the petitioner pending final disposal of the main petition. Counsel for the Petitioner : SRt V.V.NARASIMHA RAO Counsel for the Respondents No..1,2,4&5 : Gp FOR SERVICES lll Counsel for the Respondent No.3:SRl K.BALA KRTSHNA,SC FOR PAG(A&E) The Court made the following: ORDER ! { E t? E g s h { ,I I I tI I f t tI T t I t t t f iI I f I I I I t t I ! I iI t I II t THE HON',BLE sRr JUSTTCE NAM|AVARAPU RAIESHWAR RAO WR PETITIO N 4 o 2025 ORDER With the consent of both the pPrties' this Writ Petition is taken up for disposal, at the admission stage'

2.HeardMr.V'V.NarasimhaRao,learnedcounselforthe r for Services-III petitioner, the learned Governntent Pleade appearing for the respondent I Nos'1' 2' 4 and 5 and Sri K. Bala Krishna, learned Standirng Counsel for respondent No'3' Perused the material on record '

3. Brief facts of the case are that: The petitioner was appointed as a Trained Graduate Teacher in 1991 at Telangana Minorities 4esidential Boys School' Barkas' Hyderabad, Andhra Pradesh. In 1P97, he was promoted as Post GraduateTeacher.Later,on0l.06.20lg,hewaspromotedas Junior Lecturer and posted at Telangana Minorities Residential Junior College Boys, Barkas. The qetitioner has served without any blemish or negative remarks. Bec{use of his good service' he was promoted as Principal with Full Additional Charge (F'A'C') in 2000 and worked as Principal until he re{ired in 2020' i I I i I I i I 7 ;hj

4. While working as principal (F.A.C.) at T.M.R. School, lakkaluddi, Warangat District (from 16.01.2016 to 14.06.2018) and at T.M.R. Schoot, Barkas (from 31.08.2018 to L6.O2.2OIg), allegations were made against the petitioner for misa ppropriating money. The 2nd respondent initiated disciplinary proceedings against him under case number Disp./|376L/TMREIS/2O19 dated 19.09.2019 alleging that the petitioner had rnisappropriated amounts nearby Rs.30 Lakhs and sold at different schools. The allegations also include improper cash withdrawals, spending money without proper bills or vouchers, issuing bearer cheques, and holding large amounts of cash despite instructions to pay by cheque.

5. The petitioner responded to these charges in November 2019, denying all the accusauons. He said that the money was spent for the welfare of the school and students. He explained that some records could not be found because time had passed, or other staff handled certain duties whire he focused on administration and academics. The petitioner submitted all available vouchers, cash books, and bank statements. He also asked for some charges to be dropped because there was no proper evidence.

6. Despite his explanations, the Enquiry Officer submitted a report on 29.L0;202L, holding that the charges against the petitioner were proved and recommended for taking disciplinary .5+ 3 action. The petitioner's request fQr reconsidering his case was ignored. Then, on 04.tl.z)Zl, the Tnd respondent sought permission of the 1tt responde(t to recover an amount of Rs. 20,86,2g2/- from the petitioner's retirement benefits' The petitioner retired on 31.10.20i20, but he did not receive his pension or other retirement beneFits, except a provisional pension of 75olo that was paid only on 28.b2.2023. The disciplinary case ibmains open even after his retireqlent' The petitioner submits that continuing the disciplinary case aftdr retirement is illegal and unfair and that the Enquiry Report is not qupported by proper evidence'

7. Learned counsel for the petitioner submits that the 2nd respondent addressed a letter bearing No.Lr.RC.No.1376UA6/ TMREIS/2o19, dated

20.O1.2024, to the 1st respondent regarding the petitioner's case. However, despite this communication, no orderhasbeenpassedeithergra+tingorreiectingthepetitioner's pensionary benefits. He further its that the Petitioner has already retired from service, Yet the matter continues to remain pending before the competent aut ilorities without any final decision.

8. Learned counsel for the respondents submits that the respondents would dispose of the letter dated 20'Ol'2024 which is related to retirement benefits of p$titioner in accordance with law' I I I I I I I I I I I I 4 ',

9. Taking into consideration the submissions -made by the learned counsel for the respective parties, this Court without expressing any opinion on the merits oF the case, the respondent No.1 is directed to pass appropriate orders in accordance with law on the Letter No.Lr.RC.No.13761/A6/TMREIS/20t9, dated

20.0L.2024, within a period of eight (8) weeks from the date of receipt of a copy of this order.

10. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. SD/.L. USHA RANI ;-AsdrsrANT REGrsiRAi //TRUE COPY// ._-..----=7 t SECTION OFFICER To, 1 The Principal secretary. Minority Welfare, Telangana Secretariate, Hyderabad, State of Telangana, Telanagana.

2. The secretary Telanagna Minorities Residential, educatronal institutuional society Nampally, Hyderabad.

3. The Principal Accountant General (AandE), Hyderabad, Telanagana .500004 4. The Enquiry Officer, Joint Secreatary Telanaqna Minonlres residential educational institutuional society 1T.M.R.E.l S;, Nampaily Hyderabad pin_ 500004.

5. The Principal Secretary, Finance Department, telangana Secretarate. Hyderabad.

6. One CC to SRI V.V.NARASIMHA RAO, Advocate. [OPUC] 7. Two CCs to GP FOR SERVICES lll, High Court for the State of Telangana. louTl

8. One CC to SRI K BALA KRISHNA, SC for principal Accountant General (A&E) [OPUC] 9. Two CD Copies. BSK BS M, a I , t I t i I t I i I II I I t t I + I t I I 11 + € I f I I I t II t I tI I f I I I Y t t t i t I I i I I I I i t t i t I t t + t i f t \ I i?G\ ,'/6; 21 IIJB 2E t.' l i ii o ) !2. d a Vt HIGH COURT DATED:2810712025 ORDER WP.No.4179 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS rA E \ 1 u L