Dr.G.Bal Kishan Rao v. other pensionary benefits and impose exemplary costs

Counsel for the Petitioner : SRI J.R.MANOHAR RAO Counsel forthe Respondent No.l : GP FOR MEDICAL HEALTH FW Counsel for the Respondent No.2 : SRI M.P.K.ADITHYA, SC FOR TWP The Court made the following: ORDER n HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION 0.276,44 0F zfJ23 ORDER: Heard Sri J.R.Manohar Rao, tearned counse! appearing on behalf of the petitioner, learned Government Pleader for Medica! Health appearing on behalf of the respondent No.1 and Sri M.p.K. Adithya Iearned counsel appearing on behalf of respondent No.2.

2. The oetitioner aooroached this Court seekino the oraver as under: "...to issue a writ, order or direction more particularly one in the nature of writ of Mandamus directing the respondents to pay the pension, pensionary benefits and regularization of suspension period by setting aside the charge memo. issued vide G.O.Rt.No.22, Health, Medical and Family Welfare Department, dt.tz.l.2OZ2 issued by the 1't respondent herein with all consequential benefits including interest on the delayed payment of pension and other pensionary benefits and impose exemplary costs and pass.... "

3. The case of the petitioner, in brief, is that the petitioner was appointed as Civil Assistant Surgeon in the 2 SN,J wP 27644 2023 year 1986 and was promoted to Civil Surgeon Specialist in the year 2003, and later retired on 30.04.2014. While the petitioner was in service, the Government issued a charge memo vide impugned G.O.Rt.No.916, dated 18.11.2003 to 'the petitioner holding that the petitioner committed grave misconduct by accepting bribe amount of Rs.1,000/- on

23.10.2003 from one Sri K.Narayana for doing official favour i.e., performing operation to the right foot and to provide better treatment to one M.Narayana who is the brother-in- law of said K.Narayana. The petitioner was placed under suspension and later, reinstated in service on 04.10.2006. Subsequently, the Government issued G.O.Rt.No.1119 Health, Medical and Family Welfare (VC-I) Department dated 24.07.2012 accepting the enquiry report dropped taking further action against the petitioner. Subsequently, the Government issued charge memo vide impugned G.O.Rt.No.22, Health, Medical and Family Welfare Department, dated 12.01.2022 framing the same charges which were enquired previously by commission of enquiries wherein it was held that the charges are not proved. Aggrieved by the same, the petitioner filed the present writ petition. 3 SN,J wP 27644 2023 PERUSED THE RECORD:

4. iti ner c sl n a ltl.t r aA c farrr.l I irr.r +he Writ Da+ilian W.P.No.2391 of 2Ol7 and the same w s disDosed of. bv this Cou on 29.11.2022 observi nq as under: "13. Taking into consideration the above referred facts and circumstances and also the observations of the APAT in its order dated 06.02.2013, passed in O.A.No.8927 of 2OL2 and also the view taken by the High Court in W.P.No.18032 of t994, the writ petition is allowed setting aside the charge Memo issued vide G.O.Rt.No.120B dated 16.09.2009 and also the consequential G.O.Rt.No.578, dated 05.09.2015 and the respondents are directed to reconsider the case of the petitioner for payment of pensionary benefits and other retiral benefits legally due to the petitioner, in accordance to law, within a period.of six (6) weeks from the date of receipt of copy of this order and pass appropriate orders, duly communicating the said decision to the petitioner. L4. Learned counsel for Davm ent the petitioner interest for reouested itioner's retiremental withholdino the D benefits since a verv lono oeriod and 4 SN,J wP 27644 2023 respondents are directed to take decision on the sa m e as wel! within the time oeriod of e ks fro rn tJra drla af raaairrl nf the aaanv of the order as stiDulated above. in view of the fact that no emolovee can be denied of his retire ental benefits illeoallv, without anv Authoritv of law and there cannot be delav in r leasinq the retiremental benefits due to the oetitioner outtinq an emolovee to hardship. However , there shall be no order as to costs. " 5 T he relevant oortion of G.O.Rt.No. 1119 Health. Medical and Familv Welfa (VC-I) DeDartment dated

24.O7.2O12 is extracted hereunder: "The Govern ment erefore is herebv droooed further action on i.e., Dr. G.Balakrishna Rao, Civil Su rgeon Specialist & I/c. C.S.R.M.O., Dr. S.Prakkash, Civil Assistant Surgeon and Dr. Sanjeev Singh Yadav, Civil Assistant Surgeon of District Head Quarters Hospital, Nizamabad."

6. The relevant Dortion f G.O.Rt.No.22 Health. Medical and Familv Welfa (VC.1) DeDartment, dated

12.01.2022 is extracted hereunder: 5 sN.l wP 71644 2023 "In pursuance of the sanction accorded by the Government under sub-clause (a) of sub-rule (6) of Rule 9 of the Telangana Revised Pension Rules, 1980 for instituting departmental proceedings against Dr.G. Balakishan Rao, Retired Civil Surgeon Specialist (GS) & In-charge Resident Medical Officer, District Hospital, Nizamabad, vide GO 4th read above, it is proposed to hold an enquiry against the said Dr.G.Balakishan Rao, Retired Civil Surgeon Specialist (GS) & In-charge Resident Medical Officer, District Hospital, Nizamabad in accordance with the procedure laid down under Rule 20 of Telangana Civil Services ' (Cassification, Control & Appeal) Rules, 1991.

2. The substance of the imputations of misconduct or mis-behavior in respect of which the inquiry is proposed to be held is set out in the enclosed statement of article of charges (Annexure-I). A statement of the imputations of misconduct or misbehaviour in support of each articles of charge is enclosed (Annexure-Il). A list of documents by which, and a list of witnesses by whom the afticle of charges are proposed to be sustained are enclosed in (Annexure-Ill & ry).

3. Dr,G. Balakishan Rao, Retired Civil Surgeon Specialist (GS) is directed to submit his written statement of defence withln (10) days of the receipt of this order. 5 SN,J wP 27644 2023

4. Dr.G. Balakishan Rao, Retired Civil Surgeon Specialist (GS) is informed that an inquiry will be held only in respect of those articles of charge as are not admitted. He should therefore, specifically admit or deny each article of charges.

5. Dr.G.Balakishan Rao, Retired Civil Surgeon Specialist (GS) is further informed that if he does not submit his written statement of defence on or before the date specified in Para-3 ab(lve, it is construed that he has offer no explanation and further action will be processed based on the material available with the govern m ent.

6. Dr.G.Balakishan Rao, Retired Civil Surgeon Specialist (GS) is further informed that if he does not submit his written statement of defence on or before the date specified in para-3 above, or otherwise fails or refuses to comply with the provisions of Rules 20 of the Telangana Civil Services (Classification, Control & Appeal) Rules, 1991, or the o rders/d irections issued in pursuance of the said rules, the inquiring authority may hold the inquiry against him ex-parte.

7. Dr.G.Balakishan Rao, Retired Civil Surgleon Specialist (GS) & In-charge Resident Medical OFFicer, District Hospital, Nizamabad is requested to acknowledge the receipt of this G.O. 7 SN,J wP 27644 2023

8. The Commissioner, Telangana Vaidya Vidhana Parishad, Hyderabad is requested to serve the G.O, and furnish the dated acknowledgment and explanation if any within the stipulated period to the Government for further action." DISCUSSION AN D CONCLUSION:

7. Learned counsel appearino on behalf of the tion r submissions. e followin (a) That the respondents instead of complying with the orders of this Court, remained silent in the matter, which constrained the petitioner for filing the Contempt Case and therefore, petitioner filed the Contempt Case. (b) That vide the proceedings dated 24.07.2012 vide G.O.Rt.No.1119, the Government dropped action against the petitioner herein in respect of the charge pertaining to petitioner accepting an amount of Rs.1,000/- as bribe from Sri K.Narayana for doing official favour i.e., performing operation to the right foot and to provide better treatment to M. Narayana who is the brother-in-law of said K.Narayana and the said case was entrusted to the 8 SN,J wP 27644 2023 Commissioner of Inquiries. The Inquiring Authority, after conducting inquiry, has forwarded the inquiry repoit stating that the charges against the petitioner are held not proved \ vide letter dated 18.01.2012. (c) That there cannot be any fresh charge again vide G.O.Rt.No.22 Health, Medical and Family Welfare (VC. 1) Department, dated 12.01.2022 issued to the petitioner in respect of the same subject issue. Based on the aforesaid submissions the learned counsel appearing on behalf of the petitioner contends that the writ petition has to be allowed as prayed for.

8. ,A bare perusal of G.O.Rt.No.1119 Health, Medical and Family Welfare (VC-I) Department dated 24.07.20t2 indicates the fact as borne on record that further action against the petitioner in respect of charges framed against the petitioner, had been dropped vide the said G.O.

9. Learned counsel appearing on behalf of the respondents also does not dispute the said fact. 9 SN,J wP 27644 2023

10. This Court ooines that in view of the fact that the soecific haroe had been d ooed vide G.O.Rt.N o.1119 Health, Medical and Familv Welfare (VC-I) DeDartment atd 24.07.2012, the Dr nt imouoned n charoe cannot be issued aqain bv the resoon ent No.1 n n 12.O incide

6.2 o 2s.tr.200,4 and hence, the oetitioner is entitled for the reli as oraved for in the oresent writ oetitlon.

11. Takino into consideration: a) The aforesaid facts and circumstances of the case, b) The submissions made by the learned counsel for the petitaoner, learned Government Pleader for Medical and Health appearing on behalf of the iespondent No.1 and the learned counsel appearing on behalf of respondent No.2, c) The contents of the G.O.Rt.No.l119 Health, Medical and Family Welfare (VC-I) Department dated 24.O7.2OL2 issued by respondent No.1 herein, referred to and extracted above, L n (- 10 SN,J wP 27544 2023 (' d) The contents in the G.O.Rt.No.22, Health, Medical and Family Welfare Department dated L2.OL.2O22 issued to the petitioner by respondent No,1 herein, referred to and extracted above. e) The fact as borne on record that the charges against the petitioner pertaining to accepting an amount of Rs.1,OOO/- as bribe from one K.Narayana, had been dropped vide G.O.Rt.No.1119 Health, Medical and Fdmily Welfare (VC-I) Department dated 24.O7.2OL2 after conducting due inquiry by the Inquiring Authority, f) The earlier orders of this Court dated 29.LL.2O22 passed in favour of the petitioner in W.P.No.239L3 oJ 2017, The writ petition is allowed as prayed for and impugned proceedings vide impugned G.O.Rt.No.22, Health, Medical and Family Welfare Department dated 12.O1.2O22 issued by respondent No.1 is set aside and the respondents are directed to consider the request of the petitioner for payment of 11 5N,J wP 27644 2023 pension and pensionary benefits and retiremental benefits including interest at the rate of 12 percent per annum on the delayed payment of pension and other pensionary benefits as per the rules in force duly taking into consideration the earlier order of this Court dated 29.LL.2O22 passed in favour of the petitioner vide W.P.No.23913 ot 2OL7 within a period of two(2) weeks from the date of receipt of a copy of this order. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall alsorstand closed. //TRUE COPY// SD/. MOHD. ISMAIL EPUTY REGIST SECT]ON OFFICER To,

1. The Principal Secretary, Govemment of Telangana, Medical, Health and Family Wdlfare Dept., State of Telangana, Secretariat, Hyderabad.

2. The Commissioner, Telangana Vaidya Vidhana Parishad, Govemment of Telangana, Sultan Bazar, Koti, Hyderabad.

3. One CC to SRI J.R.MANOHAR RAO, Advocate. [OPUC] 4. Two CCs to GP FOR MEDICAL HEALTH FW, High Court for the State of Telangana. [OUT]

5. One CC to SRI M.P.K.ADITYA, SC for Telangana Vaidya Vidana Parishad, Koti, Hyderabad. [OPUC]

6. Two CD Copies. BSK HIGH COURT DATED:2410312025 ORDER WP.No.27644 of 2023 ALLOWING THE WRIT PETITION WITHOUT COSTS CC TODAY ---:.\ ;- lril c .\ () 4 i'.' -( 'a v t,i ii ) 15 i'i'i' .i!?5 4 )rC