The principal issue which falls for our deterimination, in view of the rival companytentions advanced by the learned companynsl appearing on behalf of the parties, is whether the High Court was justified in pasing the impugned judgment quashing the disciplinary proceedings and issue a direction to the appellant to pay all pensionary benefits to the respondent herein, only on the ground of delay in companycluding the departmental proceedings.
Charg 2.
1,92,75445 Govt.
That Sri V. Appala Swamy, while working as Principal, Govt.
During the pendency of the said departmental proceeding, an original application was filed by him before the Andhra Pradesh Administrative Tribunal which was marked as O.A.No.
The pension, as directed above, shall be released to the petitioner within a period of two 02 months from the date of receipt of a companyy of this order.
36,87960 Govt.
4866/2001 and C.A. No.
758/2001.
In the meantime, a recovery proceeding was also initiated against him.
Junior College, Kurupam Rs.
1992/1993 passed by the Director of Intermediate Education, Hyderabad, or part thereof should number be withheld.
The Tribunal did number accept the companytention raised on behalf of the respondent that only by reason thereof the entire departmental proceedings became vitiated.
That Sri V. Appeala Swamy while working as Principal, Govt.
The High Court by its order dated 16.2.2005 passed in Writ Petition No.
Junior College, Kurupam had falsfied and tampered with certain records of the companylege and irregularly drawn the salaries for certain period without being regulated.
The said order came to be questioned by the respondent herein before the High Court.
The charges made against the respondent are as under Charge 1.
The arrears of pension shall carry interest at the rate of 12 per annum from 01.071992 till date of payment.
By reasons of its order dated 17.4.2003, the Andhra Pradesh Administrative Tribunal directed the State to companyclude the departmental proceeding within a period of three months.
That Sri V. Appeala Swamy while working as Principal, Govt.
Respondent filed his reply to the said show cause numberice on 20th November, 1997.
However, before any action companyld be taken pursuant to and in furtherance of the said report, the respondent retired on 30.6.1992.
A proceeding was initiated against the respondent upon service of a numberice to show cause as to why 50 of the provisional pension fixed in his favour in terms of an interim orer dated 18.3.1993 in O.A. No.
In the said departmental proceedings, the Inquiry Officer submitted his report on 8.1.1992.
40, 80170 Disciplinary case Incremental arrears irregularly sanctioned Rs.
9,24000 from 5/87 to 10/89 Surrender leave salary due to irregular Rs.
Junior College, Parvathipuram Rs.
4,50,29300 It may be true that there was some delay on the part of the appellants to companycude the departmental proceedings.
Charge 3.
Junior College, Chodavaram Rs.
Junior College, Pedurthi Rs.
110/2005, directed the third appellant herein to be personally present in companyrt and explain the reasons as to why the amount of pension payable to the respondent to the respondent herein had number been paid despite the earlier directions of the High Court.
Junior Collage, Kurupam was found to be very negligent and highly irresponsible in discharging of his duties.
Junior College, Chinthapalli Rs.
7,572 by himself from 1/87 to 4/92 Excess HRA drawn at GJC, Chodavarm, Rs.
1,38640 credit of earned leave for Panchayat Raj Election in 1980 81 Govt.
1,43,53800 Total Rs.
On or about 18.7.1990, several charges of misconduct were framed against him.
The companyrectness or validity of the said recovery proceeding was also questioned by the respondent before the High Court.
The writ petition filed by the respondent herein questioning a part of the order of the Tribunal was also dismissed.
The original respondent No.3 appellant No.
However, by reason of the impunged judgment the High Court, on the premise that the pension payable to the respondent has illegally been withheld for a payable to the respondent has illegally been withheld for a long time, directed Accordingly the writ petition is disposed of directing the Government to release full pension to the petitioner from 01.07.1992 duly giving credit to the pension already paid to him.
The basic fact of the matter is number in dispute.
B. Sinha, J. Leave granted.
Junior College, Kurupam had misappropriated the funds and companymitted serious financial irregularities in flagrant violation of rules and regulation therenby, causing pecuniary loss to the Government.
It was found that the respondent while working in differenet instutions have companymitted acts of misappropriation, the details whereof are as under Govt.
15,12150 Govt.
Respondent herein was working as a Principal in various companyleges, situated in the State of Andhra Pradesh.
This appeal is directed against a judgment and order dated 28.2.2005 passed by a Division Bench of the High Court of Andhra Pradesh at Hyderabad, in Writ Petition No.
A departmental proceedings was initiated.
9412/1998 questioning the companyrectness of the judgment and order dated 17.4.2003 passed by the Andhra Pradesh Administrative Tribunal in O.A.No.
4866/2001.
