1. Dr. M. Suresh Kumar v. continuing to act upon G.O.Rt. No. 142 HlvlandFW (VC-l) Dept

Counsel for the Petitioner : SRI DEEPAK MISRA Counsel for the Respondents No 1 To 3&5: GP FOR SER'J CES-1 Counsel for the Respondents No 4: M.MURALI KRISHNA S l The Court made the following: ORDER 7 THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION o.33807 OF 2025 ORDER With the consent of both parties, this Writ Petition is disposed of at the admission stage itself

2. The Writ Petition is filed seeking to declare the action of respondent No.2 in issuing and continuing to act upon G.O.Rt.No.142 HM&FW (VC-I) Department. dated 04.02.2008, imposing 100o/o pension cut and withholding gratuity, despite the petitioner's acquittal, as illegal and arbitrary.

3. Heard Mr. Deepak Misra, learned counsel for the petitioner, and the learned Government Pleader for Services-I, appearing for the respondents. Perused the material on record.

4. The brief facts of the case are that the petitioner is a qualified Medical Practitioner who rendered over three decades of unblemished service in the Health, Medical & Family Welfare Department of the State Government. He served in various Government Hospitals, including Government Civil Hospital, Parkal from 11.12.1989 to 31.07.1990, Primary Health Centre, Sangam, Warangal District From 01.08.1990 to 15.07.1997, and Government Civil Hospital, Jammikunta, Karimnagar District from 16.07.1997 to 2 \

23.06.2001. Thereafter, the petitioner was under sL spension from

24.06.2001 to 10.06.2004 and resumed duty at the 'rimary Health Centre, Ghanpur, Warangal District from 11.06.2004 o 18.02.2005, and later at the State Health Museum, Public Gardr,r s, Hyderabad, from 19.02.2005 until his retirement on 30.11.200rr while holding the post of Assistant Civil Surgeon/Training Officer i r the Office of the Director of Public Health & Family Welfare, Hyder; bad.

5. During his tenure at Jammikunta, the petitic r er was falsely implicated in a criminal case registered by the ,,nti-Corruption Bureau (ACB) in 2001, numbered as C.C.No.l4 of .a )03 beFore the Court of the Principal Special Judge for SPE & ACB ,- lses, City Civil Court, Hyderabad, alleging demand and acceptance of a bribe of Rs.10,000/-. The Trial Court convicted him vide 't dgment dated

02.05.2007 under Sections 7 and 13(1)(d) of th': Prevention of Corruption Act, 1988. Aggrieved by the said c lnviction, the petitioner filed'Criminal Appeal No.543 of 2OO7 bef:'e this Hon'ble Court, and this Court by judgment 22.07.2024 allo ed the appeal and acquitted the petitioner, holding that the prose, ution failed to prove the alleged demand and acceptance of the brit),

6. Despite the petitioner's acquittal, the Govr: nment issued G.O.Rt.No.142 HM&FW (VC-I) Department, date, 04.O2.2OOB, imposing 1007o pension cut and withholding gratui.' soiely on the I J basis of the earlier conviction and without holding any independent departmental enquiry. The Director of Public Health & Family Welfare, A.P., vide Letter Rc.No.Dl/1144/2013 dated 25.03.2014, addressed to the Principal Accountant General (A&E), A.P., Hyderabad, acknowledged that the Government had subsequently issued G.O.Rt.No.398 HM&FW (VC-II.1) Department, dated

13.03.2013, sanctioning 7 5o/o provisional pension pending finalization of the proceedings, thereby recognizing the petitioner's entitlement to pensionary benefits. Despite such acknowledgment and the petitioner's acquittal, the respondents continued to withhold the balance pension and gratuity. The petitioner made several representations dated 24.05.20L8, 22.01.2019, and OB.ll.2024 respectively, but no action was taken. Aggrieved by the same, the petitioner filed the present Writ Petition.

7. Learned counsel for the petitioner submits that the respondents may be directed to consider the representations submitted by the petitioner on 24.05.2018 and OB.lL.2024 respectively and pass appropriate orders in accordance with the law.

8. Learned Government Pleader for Services-I appearing for the respondents submits that the petitioner may be directed to make a fresh representation. I 4

9. Taking into consideration the submissions m r Je by the both the learned counsel, without expressing any opinic r on the merits of the case, this Writ Petition is disposed of t,, directing the petitioner to make a fresh representation to the re:; rondents within a period of two (2) weeks from the date of receipt c f a copy of this order. Upon receipt of such representatiofl, the .:spondents are directed to consider the same strictly in accordanc: with law and pass appropriate orders thereon within a period of right (B) weeks therefrom. There shall be no order as to costs. As a sequel, miscellaneous applications pendir l, if any, in this Writ Petition, shall stand closed. //TRUE COPY// I ) SDi- M.NAGAMANI PTANT REGI$IRAF \ -_-,-' N '.,j SECTION OFFICER To, 1 The State of Telangana,, rep. by its Principal Secretary lealth, tVedical and Family Welfare Department, Secretariat, Hyderabad. 2. The Director of Public Health,, Secretariat, Hyderabad. 3. The Director of Medical Education,, Hyderabad. 4. The Principal Accountant General (AandE),, Telangan:, Hyderabad. 5. The Pay and Accounts Officer,, Telangana, Hyderabad. 6. One CC to SRl. DEEPAK IV|SRA Advocate [OpUC] 7. Two CCs to GP FOR MEDICAL HEALTH FW ,High Co, r-1 161 11.," State of Telangana. [OUT]

8. One CC To SRI IV.IVURAL| KRTSHNA,SC 9. Two CD Copies D.N TKS Pntq. HIGH COURT DATED:0711112025 ( HL SIA ,A \ o o II JAN't?fr , I i lo., .:_:-l- NATC, ORDER WP.No.33807 of 2025 DISPOSED OF THE WRIT PETITION \^I THOUT COSTS @r^\ >vlr-\{