Telangana High Court
G.Santosh Lingam vs The Govt Of A.P Rep.By Its Prl Secretary ... on 26 June, 2023
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
Writ Petition No.9555 of 2011
ORDER :(Per Hon'ble Sri Justice Abhinand Kumar Shavili) This Writ Petition is filed by the petitioners under Article-226 of the Constitution of India seeking a 'Writ of Certiorari' by calling for records relating to the order passed by the Andhra Pradesh Administrative Tribunal (for short, 'the Tribunal'), Hyderabad in O.A.No.539 of 2008, dated 08.11.2010 and to quash the same.
2. Heard Mr. M. Surendar Rao, learned counsel appearing for petitioner and the learned Government Pleader for Service-I appearing for respondents.
3. Learned counsel for petitioner contended that the petitioner was working as Accounts Officer and has retired from service on 31.01.2003. It has been alleged that the petitioner has issued the false salary certificate to one Smt. Bh.A.M. Sathyavathi, Senior Assistant, so as to enable her to get higher loan than what she was entitled and the said act of the petitioner ::2:: AKS,J & RRN,J wp_9555_2011 was construed as misconduct by the disciplinary authority and the disciplinary proceedings were initiated against the petitioner. In the interregnum, during the pendency of the writ petition, the petitioner has retired from service on 31.01.2003. After conducting detailed enquiry and for the proved misconduct in the enquiry, the State has imposed a punishment of 5% cut in pension vide G.O.Ms.No.105, dated 12.01.2007. Aggrieved by the said punishment imposed by the State, the petitioner has approached the Tribunal by filing O.A.No.539 of 2008 and the Tribunal vide orders, dated 08.11.2010 was pleased to dismiss the O.A without appreciating any of the contentions raised by the petitioner.
4. Learned counsel for the petitioner had further contended that in the enquiry no witnesses were examined and Enquiry Officer has mechanically come to a conclusion that the charge levelled against the petitioner has been proved. Therefore, appropriate orders be passed in the writ petition by setting aside the punishment of 5% cut in pension imposed by the ::3:: AKS,J & RRN,J wp_9555_2011 State vide G.O.Ms.No.105, dated 12.01.2007 and also the orders passed by the Tribunal in O.A.No.539 of 2008, dated 08.11.2010 and further direct the respondents to release the amount already deducted towards 5% cut in pension.
5. On the other hand, the learned Government Pleader appearing for the respondents had contended that the petitioner has admitted before the Enquiry Officer that he has issued a salary certificate which enabled one Smt. Bh.A.M. Sathyavathi, Senior Assistant to get higher loan which itself demonstrates tath petitioner has committed irregularity and the State has imposed a punishment for the proven misconduct in the enquiry and the Tribunal was justified in dismissing the O.A. Therefore, there are no merits in the writ petition and the same is liable to be dismissed.
6. This Court, having considered rival submissions made by both the parties is of the view that the charge levelled against the petitioner was held to be proved in ::4:: AKS,J & RRN,J wp_9555_2011 the enquiry and the State was justified in imposing a punishment of 5% cut in pension vide G.O.Ms.No.105, dated 12.01.2007. Therefore, the Tribunal was justified in dismissing the OA , as admittedly the charge levelled against the petitioner was held to be proved and the petitioner could not point out any lacunae in the process of conducting disciplinary proceedings against the petitioner. Therefore, this Court is not inclined to interfere with the orders passed by the Tribunal.
7. With the above observations, the Writ Petition is dismissed. No order as to costs.
8. As a sequel, miscellaneous applications pending if any in this Writ Petition, shall stand closed.
__________________________________ ABHINAND KUMAR SHAVILI, J _____________________________________ NAMAVARAPU RAJESHWAR RAO, J Date: 26.06.2023 Prat ::5:: AKS,J & RRN,J wp_9555_2011 THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO Writ Petition No.9555 of 2011 Date: 26.06.2023 Prat