M Bhagya Laxmi v. fjl}

. Heard Sri B. Shiva Kumar, learned counsel appearing on behalf of the petitioner, tearned Government Pleader for Services-I, appearing on behalf of respondent Nos'1 and 2 and learned Government Pleader for Services-IV' appearing on behalf of respondent Nos'3 and 4' 2 Th oetitioner aDoro ached this Cou see kino the oraver as under: "...to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings of Respondent No'4 dated 2l-L2-2022 serving the imposed punishment vide G'O' Ms' No' 24 dated 7-5-2018 to the dead person as illegal, arbitrary' unjust and violation of Article 21 of Constitution of India' release the consequently direct the Respondents to benefits and family pension gratuity and other retiral pass... ". 3 The case of the petitioner, in brief, is that the husband of the petitioner late M. Masaiah had worked as OfFice Superintendent in the office of Respondent No'4 and retired from 2 SN, J $/, 21356 2023 service oq 31..12.2007 and since then, the husbanr l of the petitioner had been getting pension. The husbanc of the petitioner di:d on 19.02.2022 and during the lifetim,: of husband of the petitilner, the petitioner's husband had subrnittr:c Family service pon:;io i application and the name of the petitioner is mentionec in the column of family pension as n,ifrl, The petitioner t'ur":l,er submits that the petitioner sul>mitted represent.rtir)rr dated 06.09.2022 to the respondents fo- release of pensior ery l:r:nefits. However, no pension was gra rted and aggrieved b'y the same, the petitioner filed W.P. No. .r:;024 of 2022 before this Court. Thereafter, the respondent No.4 issued proceedings dated 2L.12.2022 informing that the husbarrcl of the petitioner gcrt ;rr- 6ishrngnt in his service withholding pension and gratuity perma rently besides recovery of an arno rnt of Rs.7,85,01'6,'- l'his Court passed orders in W.P. No. tt5124 of 2022, directing the respondents to dispose of the repre:;entation dated 06.tt9 2022 of the petitioner for sanction of fanrily r:nsion. The respond,3nts served G.O.Ms.No. 24, dated 0z'.05.201€ to the petitioner in;orr ing that the petitioner is not eligib e fcr family pension. Aqgr eved by the proceedings dated ;21.12.2i),12, the petitioner ''ileld :lre present writ petition. I SN, J wP 213s5 2023 E H n en 3 PERU SED THE RECO D 4 h u vt e c.No. 6 o2 d d 1 2 o2 I No.4 ts e r actedh reu nd r: "In compliance to the DIMs letter cited, the copy of LET & F (Emp-Vig), Department, Dated communicated herewith to Smt. M. G.O.Ms.No.24, 07.05.2018 is Bhagyalaxmi, Wo. Late M. Masaiah,,

5.G o. s.N o.24 d ted o7 o5. o1 tssuedb vt e 2t.t DOndent as extra dhere nd r: ovE RN ENT OFTELA GA A ABSTRACT lnsulgnce Medical Services Department _ cazetted Establishment M isa ppropriatjon of Cbreinment money _ Sri M.Masaiah, office suodt., 11gtol es_i H";;;;; sanathnasar, Hyderabad - Disciplinary Action - Case entrusted to COI - glilg_": o^ro1e!_--lmnosition of prnirt,reni oii.ior".y or am9u.nt Rs.7,85,O76/- besides withholding of fension and "n gratuity - Orders - Issued LABOUR EMPLoYMENT TRAINING & FACToRIES (Emp-Vig) DEPARTMENT G. o.M .No. 4 D ted I O7.O 5.20 18 Read the followino:-

1. From the DIMS. Lr.Rc.No.63/44b/2OO6. Dt. 25.01.2006. 2. From the DIMS, Lr.Rc.No. t3t2/EZA/2O06, dt:29.05.2006. :. !!a19e-!emo. by DrMS. Rc.No.1312lE2Al2006, dated: 15.06.2006. 4' G.O.Rt.No. 1839. LET&F (Vig) Deptt., dated: 12.09.2008. - 4 SN, J wP 21356 2023 5, Fr:m OOl, Enquiry report D'O'Lr No' 1765'/COI IR/'2008' Date,l 24.06.2010.

6. Frorn (;ovt. Memo No.56861Vi9/2006' daled 02 03 2010 7. Rr)p r(:s;entation from Sri M'Masaiah, dt' 1i? 9 2010 8. l,'t,3m r No. 5686/Vig/2006-1. Dt'9-8-2012 9, Frorr l;ri M.Masaiah. Office Superintendent (R':td) R{: o re rientation Dt.24.O9.2012' 1(l

11. 7it f,lern c No.5686 /Vig/2006-1, Dt.9-8-201i1' l-etl e r N o. 5686/Vi9i la nce/20 1 6, Dt'25' 7l)'2O r:ror the Secretary, APPSC, Hyderabad lette' No 2O1t(' I RT / L I 20 12, Dt.22. 17'20 12' -'2 1:). vle no No.5686/Emp-ViglA3/2006, Dt' 17'03 20: 8' 1,1, Fronr Sri M. Masaiah, Office Superintendent .Ret:l) exgrlanation Dt.27:4.2018 received through ette" Rc N,r.2 825/Vigilance/2018, Dt.3'5'2018 ol' the DIt"lS'' H y Jr:rabad. ORDEII: .r the letter 1tt read above, the Direcl or I)f Insurance wec ical Services has informed that conseqL ent to a letter datt:cl:22.06.2005 received from the Andhra Pra(:esh Medical Emrllo'/€:es Union, ESI Hospital, Sanalhnagar' Hyderabad r,rplrting non/belated remittance of bank loan instal ments and LIC prerrium recovered from the salaries of the t:nrployees of trre hc spital and (2) news items published in Engli: h / Telugu dailies Deccan Chronicle and Eenadu dated 10'10'2005 regarcing conduct of chit unauthorisedly and cheat'irl9 the staff rrembe-stoatuneofRs.2to3croresbySrilulMirsaiah'OFfice S;uper ntendent, ESI Hospital, Sanathnagar he rad :r'dered for a p,relimirrary investigation, followed by detai ed erquiry and irternr! audit on the accounts of the Hospital --he nternal Audit Verified the accounts of the Hospital and subn-ritte'j its findings 5 SN, J wP 21J56 2023 for the period 01.4.2003 to 30.6.2005 according to which Sri M.Masaiah, Office Superintendent had embezzled the amount recovered from the monthly salary bills of the staff amounting to Rs.7,85,076/- besides various types of financial irregularities committed by him on the cash account maintenance of account records.

2. In the letter 2nd read above, the Director of Insurance Medical Services has informed that Sri M.Masaiah, Office Superintendent was incharge of finance and accounting matter of ESI Hospital, Sanathnagar has misappropriated the Govt. money to a tune of Rs.7.85 lakhs and another criminal case was filed against him for unauthorized collection of chits and failure to refund chits in violation of Andhra pradesh Civil Services (Conduct) Rules, 1964.

3. In the reference 3rd read above, charge memo was served on Sri M. Masaiah, Office Superintendent ESI Hospital, Sanathnagar in accordance with Rule 20 of Andhra pradesh Civil Services (CCA) Rules, 1991 on two charges (i) conducting and organizing unauthorized private chits and thereby committing gross moral turpitude & misconduct in violation of Rules g and 10 of Andhra Pradesh Civil (Conduct) Rutes, tg64. (ii) m isappropriation of Government returned by postal authorities which was sent by Registered post twice and hence it was published in A.P: Gazette.

4. In the G.O. 4h read above, Sri lanak Raj, IpS (Retd.) Member, Commissioner of Inquiries was appointed as inquiry Authority to conduct regular enquiry in the matter against Sri M.Masaiah, Office Superintendent, ESI Hospital, Sanathnagar and other Charged Officers involved in this case and submit the .?r--i t\l I 6 SN, J wt : 1356 2023 repo t a:i per procedure laid down in the Anchra Pra(1esh Civil Serv ces (llA) Rules, 1991.

5. ln :lre reference 5th read above, the Conrmis sioner of Inquiries tas submitted his Enquiry Report ard statec 1:hat the two ,)u , ol i:wo charges were Sanathnagar, Hyderab ad. lvl.Ila saiah, Office Superintendent, ESI Ho:;pite l, In the 6. Merro 6' read above, a copy of the Inquiry F.epo't of the Merrbe r, :ommissioner Inquiries was to Sr M,ttlasaiah, Sup(!rinte 1(lent, ESI Hospital, Sanathnagar, Hyd€ rabad with a dire(:tron 1o submit hls representation if any within 15 rlays from the (la1e c f receipt of memo. ln t-te representation 7th read above, Sri M.t'1asaiah, -1 . Office S Jtlerintendent (Retd), ESI Hospital, Sanirtnagar, Hydera ba t has furnished his written representatic'n wlrrlrein he has 'equesr:ed that the charges against him may bt: dropped and he nra,z b,-. exonerated from the allegations and charge,;' B. In ttte Memo 8th read above, a show cause r o:ice has beerr ssLted to Sri M.Masaiah, Office Superint€'ndellt (Retd) propo,cing a punishment of recovery of Rs.3,92,l00l - besides imposinq :he penalty of withholding pension anc aratuity perrrarerrt y under Rule (9) of Revised Pensiorr Rules 19i10. g. In tlre representation 9th read above, M.Masaiall, Office Sup,:rintenCent (Retd) submitted his reply tr: th': sl-o,v cause noti(te

10. Go /ornment on further examination of the matl er on the advise r:' Andhra Pradesh Public Service Commisr;iln vide refe -ence 12th read above has issued a re'visecl sh,:rv cause 7, 7 wP-2r3s6;ilii notice to Sri M.Masaiah, Office Superintendent (Retd) vide reference 13th read above proposing to recover the entire embezzled amount of Rs.7,85,076 /- from Sri M.Masaiah, Office Superintendent (Retd). besides imposing the penalty of withholding pension and gratuity permanenUy under rule 9 of Revised Pension Rules, 1980 and called for his representation in the matter.

11. In the representation 14th read above, Sri M.Masaiah, Office Superintendent (Retired), ESI Hospital, Sanathnagar, Hyderabad has submitted his explanation to the revised show cause notice. In his representation Sri M.Masaiah has denied the charges framed against him. He has not furnished any yalid reasons for not proceeding with the action proposed against him.

72. Government after careful examination of the representation of Sri M.Masaiah, Office Superintendent (Retired). ESI Hospital, Sanathnagar, Hyderabad have found it not tenable and have decided to impose the penalty of withholding pension and gratuity permanently besides recovery of Rs.7,85,076l- (Rupees Seven lakhs Eighty Five thousand and Seventy Six only) against him for the charges proved against him.

13. Accordingly, in terms of Rule 9 of Revised pension Rules, 1980, the penalty of withholding pension and gratuity permanently besides recovery of Rs.7,g5,076/-(Rupees Seven lakhs Eighty Five thousand and Seventy Six only) is imposed on Sri M.Masaiah, Office Superintendent (Retd.), ESI Hospital, Sanathnagar, Hyderabad. 8 SN, J \\P 21156 2023

14. The Director, Insurance Medical Services' lelangana' H1'derallad shall take further necessary action in the 'natter' (E Y ORDER AND IN THE NAME OF THE GO\/ERI\ CR OF TELANGANA) Dr. SHASHANK (3OEr- PRINCIPAL SECRETARY TO GC'VERNMENT" This t our 6 favou r of the oetitroner obse rvl n as nder: s o er t7. r8.2023 in " l{ otlce before admisslon' -e:arned Government Pleader for Servic€s - I takes notce (ln behalf of respondents No'1 and 2 and \vaives frrrthet llotice. Lrlarned Government Pleader for Services - V takes rotlce on behalf of respondents No'3 and 4 and 'Naives f .rrl:he - n otice. legistry is directed not to take ou: nrlt ce to resport.lents No.1 to 4 in view of this waiver' L.earned counsel for the petitioner subnrits ilrat the l)el:it c,ner's husband after retirement in the year 2 Jl)7 was rer;eiving pension and after his death i'e on 19 't')2 '2022' ':hr) D3l.itioner was eligible for getting family pen:'ion' but rut en the same was not given to her' shtr filed W P.11c,.45024 of 2O22 and the Court had direded the rer;pondents to dispose of the representetion of the petiti rner dated 06.09.2022' -f hereafter. the resDondents have issur:d the 2L..L2.2O22 pjgs,'J1t communicataon dated - 9 SN, J wP 2t356 2023 m o TL 8 o/o was DAssed. h h n n M n o fw h m e Learned counsel for the petitioner pointed out that the G.O.Ms.No.24, dated 07.05.201g was never communicated to the husband of the petitioner and he continued to receive the pension till the date of his death. In view of the above submissions, this Court is inclined to grant interim suspension of the impugned proceedings dated 07.05.201g for a period of three (03) weeks. For filing counter, list on 11.09.2023,,.

7. Counter affidavit ha resDonde t No. 2 in oartic lar on behalf of raN os.6 l2 are extracted hereunder: "6. The petitioners husband Sri. M. Masaiah, Office Superintendent was incharge of finance and accounting matter of ESI Hospital, Sanathnagar has misappropriated the Govt. money to a tune of Rs.7.g5 lakhs and another criminal case was filed against him for unauthorized collection of chits and failure to refund chits in violation of Andhra Pradesh Civil Services (Conduct) Rules, 1964.

7. A charge memo was served on Sri M. Masaiah. Office Superintendent ESI Hospital, Sanathnagar in accordance with Rule 20 of Andhra pradesh Civil Services (CCA) Rules, 1991 on two charges (i) conducting and organizing unauthorized private chits and thereby l0 SN, J wP 21356 2023 comrnitting gross moral turpitude & misconduct irr 'ziolation o1' RLrl:s 8 and 10 of Andhra Pradesh Civil (Conducl) Rules' 1962, (ii) misappropriation of Government Toney to the e (te rl. of Rs.7.85 lakhs thereby (:omrnittirle gross rrriscorduct and moral turpitude in violatior of rlle 3 of Ancllr,-a Pradesh Civil Services (Conduct) Rules' l'€r64' The crargs memo to Sri M.Masaiah, Office Superintel(lent was rr:tu -rred by postal authorities which vvas !;ent by Regisl:ered post twice and hence it was publish::tl in A'P' Ciaz,:tte.

8. The Commissioner of Inquiries has sub n itted his Enrtr r ry Report and stated that the two 'lut of tv'o charges vrer: proved against Sri M.Masaiah, Office Superirtendent' t:S I Fospital, Sanathnagar, Hyderabad' g, A show cause notlce has been issuec ':o Sri M' l,4asaiah, office Superintendent (Retd) proposing a punishment of recovery of Rs'3,92,500./-besidesr imposing the penalty of withholding pension and gratuity t)ernanently under Rule (9) of Revised Pensicn Ru es 1980' 1O. Government after careful exarrinaton of the ,'e p -e:se ntation of Sri M. Masaiah, Office Sup':r ntendent 'Ret red), ESI Hospital, Sanathnagar, H)'derrrtad have ''ouril it not tenable and have decided :o irnpose the ler,alty of withholding pension and gratuity permanently :es icles recovery of Rs.7,85,076/-(Rupee:; Sr'rven lakhs Eig il:y Five thousand and Seventy Six only) aga n ;t him for th€ (:harges Proved against him.

11. A ordin olv. in Pe nsi R 1 termsof n It ule 9 rl Revised fw .ith holdino I u f st na d 7 5 v n andseve ntv Six onlv)i Su n R 7 te de tr e Masa iah, Sanathnaoar, Hvderabad. SN, J wP 21356 2o2i v F h h DO ) SI Ho DI t, t

2.r r s n n r 4 n n b o7.o5 .2()18andi nthat h h o nq tw as n n n n n d letter tse clo ed erewit D scussIO A DCON LU IO h en roned r h e u

8. The learned counsel appearing on behalf of the petitioner specifically places reliance on the material documents filed along with the present writ petition, the provisional pension particulars received by the deceased employee i.e. petitioner,s late husband on 01.10.2022 and contends that it is incorrect and illegal to pass the impugned order imposing penalty of withholding oF gratuity permanenuy besides recovery of Rs.7,g5,076l_ against t2 SN, J wP 21356 2023 the petitiolls''s late husband. The punishment proceeJinqs were alsodispatr:hedtothepetitioner'sresidentialad'lressduringhis life tirne. The record however, indicates that the petit oner's late husband M 14asaiah was receiving his provisionr:l prlrtsion up to the yt:a r 2022 and the petitioner's late husba r<l died on L9.02.2C22. ]-his--Court takes note of the fact ttrat thouqh 9. G.O.Ms.No--24, dated 07.O5.2O18 indicates witlltoldino of Denslon and oratuitv and also i oositionof ouqned Dro ceedinqs amount of Rs.7,85 .O7ti aqainst p t is the sDecific asa ia h. etitio er's Iate husband M. t case of thg oetitioner that the proceedinqs had never been comnluni(:ated to the petitaoner's Iate husbancl-durinq his life tiEe-aId in fact, the Detiti sba nrd r eived plevrsl-o-oitl oensr on till 19.O2.2 22 a.e. till the date of et ti oner's late pctllisnc! !; husEElnd lrad retired from service on 31.12.20p7 and this assedon nes that the recoverv oroceed rnos Cou rt 9ZQ5-.2O:!.8 vide G'O.Ms.No.24 subseouerE retiremgD! of the Detitioner's tate husband ft-rc'm service late h usband death. -o-p! The sn-3J,.,--L-2.2OO7, is not tenable in view of the farct as borne -7 l3 ha th ti er' e t m 31. 2 o 7 r! htf iI a SN, J wP 2t356 2023 s d h th d r r e on r t. hu sba nd' de th t.e.. L9.O2.2o2 This Cou o tnesthat to er e r tui o h b

10. a t n con id a b n e ed a en on I n ar tr r e n (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the tearned Assistant Government pteader for Services_f and fV, appearing on behalf of respondents, (c) The fact as borne on. record that the petitioner's late husband M, Masaiah retirecl from service on 31.12.2O07 and continued to receive the provisional pension tifl his death i.e. on 1.9.02.2022, (d) The provisionat pension particurars fired by the petitioner along with the writ affidavit filed in support of the present writ petition dated O1.10.2022. t4 SN, J wP 213s6 2023 In view of the discussion and conclusion arrived at Paras 8 ;rnd 9 of the present Judgment, thr: impugned proceedings dated 21.12.2022 issued to a dead person who died on L9.O2.2O22 and G.O.Ms.No.24 dated imposing punishment of reco!'ery of an

07.O5.201€l amount of Rs.7,85,076/- besides withholding of pension and gratuity against a dead person i.e., late Sri M.Masaiah is set aside. The writ petition is allowed and the respondelrt No.4 is directed to forthwith consider the request; ol' the petitioner for release of p,ension and gratuity benefits and other retiral benefits cluly taking into consideration the fact that the petitioner's late husband M. Masaiah though retired on 31.12.2007, rr:<;eived the provisicrn:rl pension right from 3L.[2.2OO7 till hris date of death i.e, L9,O2.2O22, and pass appropriate orders in accordance to law, within a period of four (4) 'weeks from the date ol' receipt of this order by giving an ,olrportunity of personal hearing to the petitioner. However, there shall be no ordr:r as to costs. t5 The miscellaneous; applications, pending if any, closed. ,a-r,rr, l}ir', shall stand To //TRUE COPY// SD/- S. MALLIKARJUNA RAO S]STANT REGISTRAR \ SECTION OFFICER 1 ng and Factory rector of lnsurance Me usheerabad Hyderabad Hyderabad, State dical and Service, Opposite New Gandhi Hospital, The Chief S pecial Secreta ry, Labour, Emplo yment, Traini Department , Secretariat, Hvd erabad, State of Telangana 2 Principal Secretary, Labo ur and Employme nt, Secretariat, of Telan gana 3. Di M 4. The Medical S uperintendent ESI Hospital, Sanathnagar, Located at erabad B.SHIVA KUMAR , Advocate loPUCl 6. Two CCs to Gp FOR SERVICES High Co urt for the State of Telangana, at 7. Two CCs to GP FOR SERVICES.I V, High Court for the State of Telangana, at I PSK. Nacharam, Hvd One CC to SRI tOUE Hyderabad louTl Two CD Cop res Yv Hyderabad. 5 T . i CC TODAY HIGH COURT DATED:20 rc31?.025 ORDER WP.No.21356'of 2023 = E SIa 4"ii : L-j I 'i I l|t 2025 .,1'a ALLOWING THE WRIT PETITION WITHOUT COSTS 1a cdp('4 Y+- 66A5 1 i [,