A retired Panchayat Secretary whose gratuity and pension were withheld pending a decade-old disciplinary inquiry sought relief. The inquiry was concluded with charges not proved. The court directed the Principal Secretary to pass orders within four weeks and the Commissioner to then release retirement benefits as per Rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16743 OF 2023
Between:
Chinta Vijay Kumar, S/o Venkateswar, Age 62 years, Occ: Retired Panchayat Secretary, Gr.ll R/o D.No. 16-149, Ramalayam Street, Ibrahimpatnam Ferry, Ibrahimpatnam Mandal, NTR District-521456 ...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS by declaring the chargememo No. 07/CPR & RE/E3.Vig/2013, dt. 04.02.2013 issued by the 2^^ Respondent and the delay in completing the enquiry as clearly illegal, arbitrary and violative of Petitioner's right to pension under Article 300-A of the Constitution of India and set aside the same by quashing the said charge memo and grant the following reliefs, a) Direct the Respondents to pay the Petitioner his full gratuity with interest quantified at 12% from the date of retirement. b)Release his computation of pension c)Release full pension
'
after deducting provisional pension already paid andpayarrearsthereof with interest.
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to immediately release gratuity with interest to the Petitioner, pending disposal of theWritPetitionandpass such
Counsel for the Petitioner: SRI M. SRIKANTH
Counsel for the Respondent Nos.1 & 2; GP FOR SERVICES-IV
The Court made the following: ORDER
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APHC010326932023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
[3331]
(Special Original Jurisdiction)
THURSDAY ,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 16743/2023
Between:
Chinta Vijay Kumar
...PETITIONER
AND
The State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.M SRIKANTH
Counsel for the Respondent(S):
1.GP FOR SERVICES IV
The Court made the following:
:: ORDER::
A charge memo No.07/CPR & RE/E3.Vig/2013, dated 04.02.2013was issued against the petitioner. In pursuance of chargememo, notice dated 22.09.2015 was issued to the petitioner to attend the enquiry on 29.09.2015. The Presenting Officer submitted remarks to the Enquiry Officer on 20.12.2017. The petitioner was retired on 31.10.2020,onattainingtheageof
Page 2 of 4
SRSJ W.P.No.16743 of 2023
superannuation. Since, the retirement benefits were not released, the above writ petition is filed.
- Heard Sri M.Srikanth learned counsel for the petitioner and Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for Services appeared for respondents.
Pages of 4
SRSJ W.P.No.16743 of 2023
filed on 18.08.2024. However, a decade has passed away,fromtheinitiation of proceedings, and the inquiry report was submitted to the disciplinary authority, this Court deems it appropriate to direct the learned Principal Secretary to take the necessary steps in concluding the inquiry as expeditiously as possible.
As a sequel, pending miscellaneous petitions, if any,shallstandclosed.
To,
//TRUE COPY//
Sd/- M. SRINIVAS ASSISTANT REGISTRAR
SECTION OFFICER
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HIGH COURT
DATED: 19/09/2024
ORDER
WP.No.16743 of 2023
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DISPOSING OF THE W.P. WITHOUT COSTS
1 issue framed by the court
Whether retirement benefits can be withheld pending an inquiry that remained unconcluded for over a decade after the charge memo of 2013?
Chinta Vijay Kumar
The State of Andhra Pradesh
The Commissioner of Panchayat Raj and Rural Employment, AP, Vijayawada
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
