Telangana High Court
WP/24129/2020 of Dr. M.A.Harman Vs The State of Telangana and 2 Others on 30 December 2020
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI wRtT PETIT|ON NO. 24129 0F 2020 Petition under Article 226 of the Constitution of lndia praying that in
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)
WEDNESDAY, THE THIRTIETH DAY OF DECEIVBERTWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
wRtT PETIT|ON NO. 24129 0F 2020
Betwee n:
Dr. l\,4.A.Hannan, S/o. lale l\,4ohd. lsmail, Aged about 70 years, Occ: Retired CivilAssistant Surgeon, R/o. H.No. 6-4151D, Balapur Cross Road, Meerpet, Hyderabad....PETITIONER
AND
1. The State of Telangana, Rep. by its Principal Secretary, Department of Health,lVledical and Family Welfare, Secretariat, Hyderabad.lVledical and Family Welfare, Secretariat, Hyderabad.
2. The Director of Public Health and Family Welfare, Koti, Hyderabad.
3. The District lvledical and Health Officer, Khammam, Khammam District.
.,,RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue an appropriate Writ, Order or direction more particularly one in the nature ofWrit of l\rlandamus declaring the action of the respondents in not releasing theretirement benefits to the petitioner including pension though he was acquitted inC.C,No.530 of 2005 on the file of the ll Addl. Judicial Magistrate of First Class,Khammam inspite of the representation dt.09.12.2020 made by the [petitioner, ]asillegal, arbitrary and violative of Article 14 and 21 of the Constitution of lndia andcontrary to A.P.C.S.(CC & A) Rules 1991 and consequently direct the respondents torelease lhe retirement benefits including pension to the petitroner by dropping thedepartmental proceedings vide Rc. No.18912/E2-ll-D/96, dt,18.2.1998, [pursuant ]tothe representation dt.09,12.2020 made by the [petitioner.]lA NO: 1 OF 2020
Petition under Section 151 CPC [praying ]that in the circumstances [stated ][in]the affidavit filed in supporl of the [petition, ]the High Court [may ][be ][pleased ][to ][direct]the respondents to release the retirement benefits [including ][pension ][to ][the ][petitioner]forthwith by dropping the departmental [proceedings ]vide Rc. [No.1 ][8912/E2-ll-D/96,]dt. 18.2.'1998, pursuant to the representation d1.09.12.2020 [made by ][the ][petitioner,]pending disposal of the above Writ petition.
Counsel for the Petitioner: SRI C. SHARAN REDDY
Counsel forthe Respondents: GP FOR MEDICAL [HEALTH AND]FAMILY WELFARE
The Court made the following: ORDER
W.P.No.24l 29 ot 2O2O
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ORDER:
When the motter is ['loken ]up for heoring, leorned counseloppeoring for the [pelitioner ]os well os leorned Government Pleoderoppeoring for the respondents hod contended thot the issue roised in thiswrit peiilion is squorely covered by the order possed by lhis Court lnW.P.No.23679 of 2019 ond bolch, doied 04.12.2019, ond therefore, thepresent wril peiition olso be disposed of in terms of ihe obove soid order.
ln view of the obove submissions ond for the reosons olike in theorder doled 04.12.2019 in W.P.No.23679 oI 2019 ond botch, thls wrilpetllion is disposed of ot the stoge of odmission, directing the respondentsto conclude the disciplinory proceedings initioted ogoinst the pelitionerwithin o reosonoble period, preferobly within o period of six monlhs fromthe dole of receipl of o copy of this order lf the disciplinory proceedings ore nol concluded within lheprescribed period, os directed obove, the respondents sholl releosepension ond pensionory benefils in fovour of lhe petilioner with ollconsequenliol benefits by lreoting thot the disciplinory proceedings hovebeen dropped. The sqid observotion is mode becouse the incident ofolleged misoppropriolion look ploce in lhe yeor 1992, the disciplinoryproceedings ore pending since 1996 ond on lhe very some set ofollegotions, the petitioner wos ocquitted by the competent criminol courton 27 .07.2017.
Pending miscelloneous petilions, if ony, sholl slond closed. No costs.
SD/.B.SATYA ATHIASSISTANT RETRARSECTIOFFICER
,TRUE COPY'
To,
1The Principal Secretary. Department of Heatth, A,4edical and Family Welfare,Slate_of I elangana, Secretariat, Hyderabad.Slate_of I elangana, Secretariat, Hyderabad.2.The Director of Public Health and Family Welfare, Koti, Hyderabad.3.The District tvledical and Health Officer,'Khammam, Khammam District.3.The District tvledical and Health Officer,'Khammam, Khammam District.4.One CC to Sri C. Sharan Reddv, Advocate IOPUCI5.Two ccs to GP for l\,4edicar Hdarth and ramity wetfare, High court for the stateof Telangana. [OUT]^v6Two CD Copies.of Telangana. [OUT]^v6Two CD Copies.,{1onswith a Copy of the Common Order dated 04.12.20j9 in W p.No 23679 of 20j9and batch.N/Pand batch.N/P
HIGH COURT
DATED:3011212020
ORDERWP.No.24129 of 2020
DISPOSING OF THE WRIT PETITIONWITHOUT COSTS
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