WRIT PETITION NO: 39014 OF 2022 v. 1. The State of Telangana

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 a Writ, order or direction moie particularly one in the nature of Writ of MANDAMUS a) To declare the entire action of the respondents, particularly action of the 1st respondent, in issuing the impugned charge memo Nos. 1 369/TW. SER. I 1.2/08-3, dated 03/09/20 1 0, 871 6ffW.SER. I 1.2/1 1 - 2, dated 21t0712O11 and charge rnemo No.12319/TW.Ser.ll.1/2014-1' dated O5lO3t2O14, (which was communicated on 2110312018) for the : i j i i i I I , i t t , t t l I I t ? i -tt i I I I I I I I I issue of 2010 even aftei lapse of Twelve (12) years of period is contrary to Rule 9 (2) (b) of Revised Pension Rules and apart from not concluding the said departmental proceedings and continuing said proceedings even after retirement of the petitioner as on 3'l/05/2016 and on that account not releasing withhold retiral benefits is as highly illegal, arbitrary, unjust, improper and liable to be quashed or set aside on the sole ground of inordinate and un-explained delay in initiating as well as concluding the Disciplinary Proceedings in view of various Judgments of the Hon'ble Apex Court. and consequently direct the respondents to forthwith release all withhold retiral benefits without reference to the present impugned charge memo Nos.1369/TW.SER.ll.2/08-3, dated O3lO9l2O1O, 8716/TW.SER.ll.2l1'l-2, dated 21lOTl2O11 and charge memo No.12319/TW.Ser.ll.1l2O14-1, dated OStO3t2O14, (which was communicated on 2'110312O18) of the 'lst respondent with penal interest @ 24 yo annum from the date of retirement till actual payment is made. b) l.A NO: 1OF 2022 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 to direct the respondenb to forthwith release all withhold retiral benefits without reference to the present impugned charge memo Nos.1369/TW.SER.ll.2/08-3, dated O3tO9t2O1O, 8716/TW.SER.|l .2111-2, dated 21lO7t2O1'l and charge memo No.12319/TW. Ser.ll.1/2014-1, dated 05/03/2014, (which was communicated on 2,ll}3l2}18) of the 1st respondent, pending disposal of the writ petition. Counsel for the Petitioner: SRI ARVIND KUMAR KATA Counsel for the Respondents: AGP FOR SOCIAL WELFARE The Court made the follorving: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA Dated : 19.12.2O25 Between Gaffar Banu AND Petitioner The State of Telangana rep. by its Principal Secretary, Tribal Welfare Department, Secretariat Buildings, Hyderabad and another .... Respondents ORDER: Heard Sri Arvind Kumar Kata, learned counsel appearing on behalf of petitioner, learned Assistant Government Pleader for Social Welfare, appearing on behalf of respondents.

2. oraver as under: "...to issue a Writ, order or direction more particularly one in the nature of Writ of MANDAMUS a) To declare the entire action of the respondents, particularly action of the 1't respondent, in issuing the impugned charge memo Nos.1369/TW.SER.Il.2lO8-3, dated O3|O9/2OLO, 87L6|TW.SER.II.2/11-2, dated 2LlO7l2OL1 and charge memo No.12319/TW.Ser.Il.L/2OL4-L, dated 05/03l2OL4, (which was communicated on 2L/0312OL8) for the issue of 2010 2 SN, J wP 39014 2022 even after lapse of Twelve (12) years of period is contrary to Rule 9 (2) (b) of Revised Pension Rules and apart from not conclu,ling the said departmental proceedings and continuing said proceedings even after retirement of the petitioner as on 3UO!2OL6 and on that account not releasing withhold retiral benefi:s is as highly illegal. arbitrary, unjust, improper and liable to be quashed or set aside on the sole ground of inordinate and un-explained delay in initiating as well as conclu ding the Disciplinary Proceedings in view of various Judgments of the Honourable Apex Court and consequently direct the respondents to forthwith release all withhold retiral benefits without reference to the present impugned charge memo Nos.1369/TW.SER.II.2/08-3, dated 03/09/2010, 8716iTW.SER.ll.2lll-2, dated 2l/07/2011 and charge memo No.1:131g/TW.Ser.ll.U2Ol4-1, dated 0510312014, (which was :ommunicated on 2lto3/z)1.B) of the 1't respondent with penal interest or 24o/o per annum from the date of retir€ ment till actual payment ls made and to pass...". 3 e n bri r averments made in the affidavit filed bv the Det roner tn suooort of the oresent writ oetition is s under: The: original petitioner (since deceased), husband of the present petitioner was initially appointed as a Secondary Grade Teacher in 1978 and was converted as a Junior Assistant in 1980. -lhe original petitioner was thereafter promoted successively as Senior Assistant, Superintendent, District Tribal \ J SN, J wP 390t4 2022 welfare officer (DTWO), and finaily as Deputy Director of rribal welfare for the panel year 2006-2007. while working as Deputy Director, Bhadrachalm, a charge memo bearing No.1369/ TW. SER.II.2/0803, dated 03.09.2010 was issued under Rule 20 of the APCCA Rules in relation to his earrier tenure as p.o. (FAC), ITDA, K.R. Puram, west Godavari District. An enquiry was conducted, but no final orders were passed even after more than twelve (L2) years. Thereafter, another charge memo No. 87L6/TW.SER.II.2 /tL-2 dated 2L.0z.2oLL was issued pursuant to a surprise check dated 30.10.2010 rerating to the ST Girls, Hostel, old Yellandu, Khammam District; though an enquiry report was submitted in 2017, holding the charge proved and an explanation was submitted by the original petitioner, no final orders had been passed even after more than eleven (11) years. The original petitioner was permitted to retire on attaining superannuation on 31.05.20L6 (AN) vide G.o.Rt.No.27B, TW (sER.I.A1) Dept., dated 16.05.20L6, whire the disciplinary proceedings were pending, and provisional pension was sanctioned vide G.o.Rt.No.238, TW (SER.IAI) De4pt., dated t6.05.20t7. A third charge memo dated 05.3.2014 alleging lapses in sanction of scholarships for the year 2oLo, was served 4 SN, J wP 39014 2022 on the original petitioner only on 21.03.2018 through RPAd, nearly twc years after retirement, without furnishing mandatory document:;. Despite original petitioner's request dated Lt.04.2018 for supply of documents and submission of written statement of defence on L4.03.2019 pursuant to memo dated

17.t2.2018, the proceedings were not concluded, in violation of G.O.Ms.No.679 dated 01.11.2008. Aggrieved by the inordinate delay, the impugned charge memos dated 03.09.2010, 2L.07.201.1 and 05.03.2014, and non-release of retiral benefits, the origirral petitioner filed the present writ petition. During pendency of the writ petition, the original petitioner expired on

03.06.20)-4, and by order dated 04.04.2025 in I.A. No.t of 2024 in W.P. No.39014 of 2022, original petitioner's wife was brought on record as the legal representative. 4 (i) Departmental proceedings had been initiated vide impugnecl charge memo Nos.1369/TW.SER.II.2/O8-3, dated 03.09.20 [0, 8716/TW.SER.II.2/11-2, dated 21.O7.2Ot1 and : I r I F f; R * f. E I:i 3 : i 'l : t. i I 5 SN, J wP 390t4 2022 12319fiW.Ser.lI.L/2O14-t, dated 05.03.2014 and therefore, in view of the fact that the original petitioner had passed away on 03.06.2024 no disciplinary proceedings may be continued against the original petitioner herein and therefore, the legal representative of the deceased/orig ina I petitioner had been impleaded as petitioner who is the legally wedded wife of the petitioner, vide order dated 04.04.2025 passed in I.A. No.1 of 2024 in W.P. No.39014 of 2022. (ii). The oetitioner herein is entitled for the retief as c^. rahl f^r AaaaqaaA a r i+ianar the release of the retiral benefits without reference to the imougned charge memo Nos.1369/TW.SER.II.2/O8-3. dated

03.09.2010. 4716/TW.SER.II.2/11-2. dated 21.O7.2011 and 12319/TW.Ser.U.1/2014-1, dated O5.O3.2O14 issued to the deceased emplovee/original petitioner.

5. The Divi ion Bench of this Court vr'de its o er dated

30.o3.20 7 oassed in W.P. No.l9022 of 2016 dealino with an identical case of disciolinarv oroceedinqs beino contin ed aoainst the emolovee who had oass observ at oaoe No.3 as under: Aa n:tlliliari+-l "Given the aforestated facts, we are of th oDinion that husband of the petitioner as lono back as in the vear 2OOO i.La n i.r alrai r raaaadinac nz'lrrcizrn ^JaA !nii rn;l 6l 6 SN, J wP 190t4 2022 p@ecEdings-stg9d_abared. Rute 9(7) of the Rutes of 1980 had no application whatsoever to the present case in terms of the provisions contained therein. The Tribunal thereFore erred in applying the said rule to the instant case and directing the Government to dispose of the case in terms thereof. n slogd abated on the date o and this was not a fit case for invocation of sub_rule 7 of Rule 9 of the Rules of 19g0. The f e x fromt ed ate n v of a ov oft order'

6. This Court is of the firm opinion that disciplinary proceedings initiated against the husband of the petitioner herein vide charge memo Nos.1369/fW.SER.II.2/Og_3, dated 03.09.2C,10, 8716rrw.sER.rI.2/LL_2, dated 27.07.2o1t and 1 23 1 g/TW. Se r.II. 7 / 2OL4-t, dated 05. 03.2014 and admittedly as borne on record are more than a decade back and the said disciplinery proceedings having not arrived at logical conclusion 7 SN, J wP_390t4_2022 even as on date and in the meanwhile the deceased emptoyee, the husband of the petitioner herein had passed away on 03.06.2024. This court opines that the disciplinary proceedings itself stood abated 7 Takinq into consideration: (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the tearned counsel appearing on behalf of the petitioner and the tearned Assistant Government pleader for sociat wetfare, appearing on behalf of the respondents, (c) Relevant portion of the order of Division Bench order of this court dated 30.03.2017 passed in w.p. No. 19(J22 of 2o16 (referred to and extracted above), (d) The discussion and conclusion as arrived at Para Nos.4 to 6 of the present order, The writ petition is artowed holding that the disciplinary proceedings initiated against the petitioner's husband stood abated from the date of petitioner,s 8 SN, J wP 39014 2022 husband's death i.e. 03.06.2024. The respondents are directed to settte all the pensionary benefits due to the petitioner herein including gratuity and other retiral benefits as per the petitaoner's legal entitlement and release the net amount payable to the petitioner herein, within a period of four (4) weeks from the date of receipt of a copy of this order, in accordance to law, in conformity with principles of natural justice. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any pending, in the Writ Petition.shall also stand closed' //TRUE coPY// SD/. A.SREENIVASA REOOY ASSISTANT REGISTRAR c-? SECTION OFFICER To,

2. t.. t;' BSFI TKSi The Principal Secretary, Tribal Welfare Dept., Secretariat Buildings, Hyderabad, State of Telangana. The Commissioner of Tribal Welfare Dept., State of Telangana, DSS Bhavan, Masabtank, Hyderabad. One CC to SRI ARVIND KUMAR KATA, Advocate [OPUC] Two CCs to GP FOR SOCIAL WELFARE, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies ,i> d@ t CC TODAY HIGH COURT DATED: 1911212025 ORDEFI WP.No,3901 4 of 2022 >ir- 1 5 l'Pfi ?I1?! () () * ALLOWING THE WRIT PETITION, WITHOUT COSTS h's t{,[",