Pilli Appa Rao Vs the Union of India

PILLI APPA RAO, S/O.LATE BASAVARAJU, AGED ABOUT 58 YEARS, RETD.ASSISTANT TELECOM TECHNICIAN, B.S.N.L., R/O.ADITYA NAGAR COLONY, ROAD NO.7, ARASAVILLI, SRIKAKULAM DISTRICT.

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...PETITIONER

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AND

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THE UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF TELECOMMUNICATIONS DEPT., NEW DELHI.

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THE GENERAL MANAGER, TELECOM DISTRICT, B.S.N.L., A.P.TELECOM CIRCLE, SRIKAKULAM, SRIKAKULAM DISTRICT.

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...RESPONDENT(S):

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The Court made the following ORDER:

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This Writ Petition is filed challenging the proceedings dated 31.03.2023, issued by the 2^nd respondent, whereby a penalty of 15% cut in pension for a period of five years has been imposed, as being contrary to the applicable Rules and violative of the judgment rendered by the Hon’ble Magistrate of First Class, Srikakulam, in C.C. No.318 of 2021, dated 27.03.2023, and seeks to set aside the same.

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Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

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The learned Senior Counsel appearing for the petitioner submits that the impugned order dated 31.03.2023 was passed by the 2nd respondent, i.e., the General Manager, BSNL, who is the disciplinary authority, based on the charge sheet dated 01.10.2021 and the enquiry report dated 22.04.2022. The relevant portion of the said order reads as follows:

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“Now, therefore, after taking into account the findings of the enquiry authority and the relevant records of the case, and upon an objective assessment of the facts and circumstances in their entirety and in the overall interest of BSNL, I, S.R. Jammula, General Manager, BSNL, Srikakulam Business Area of A.P. Telecom Circle and competent disciplinary authority in this case, in exercise of the powers conferred under Rule 37 of the BSNL CDA Rules, 2006, hereby impose the penalty of withholding 15% of the monthly pension for a period of five years, with immediate effect, otherwise admissible to Sri Pilli Apparao (Retired), Assistant Telecom Technician (ATT), BSNL, Srikakulam, to meet the ends of justice, with a further direction that there shall be no reduction in retirement gratuity and ex-gratia payments.”

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It is further submitted that the petitioner retired from service on 31.01.2020 under the BSNL VRS-2019 scheme. Subsequently, in C.C. No.318 of 2021, the competent criminal court, by judgment dated 27.03.2023, acquitted the petitioner of the charges. In the said circumstances, the petitioner proposes to approach the authorities for modification of the impugned order dated 31.03.2023 in light of the observations made by the trial court in the aforesaid criminal case.

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Considering the said submissions, without going into the merits of the case, the writ petition is disposed of granting liberty to the petitioner to submit a representation to the 2^nd respondent, enclosing the judgment passed in C.C. No.318 of 2021, within a period of one (1) month from the date of receipt of this order. Upon receipt of such representation, the concerned authority shall consider the same and take appropriate action, in accordance with law and in the light of the observations made by the trial court, within a period of two (02) months thereafter. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.

JUSTICE D RAMESH

15.04.2026 klk

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THE HONOURABLE SRI JUSTICE D RAMESH

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WRIT PETITION NO: 11722/2023