IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 4819 of 2008 Between: P. Narasimha Rao S/o Sri Venkata pardhasaradi Guntur, Presently R/o H.no. 3-64/B8, Endowments Colony, Ramanthapur Hyderabad-500 013. ..... PETITIONER AND 1 The Commissioner of Endowments Government of A.P., Tilak Road, boggulakunta, Hyderabad. 2 The Government of A.P., rep byits Principal Secretary to Government, Revenue (Vigilance-IV) Department, A.P. Secretariat, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue appropriate Writ, order or direction preferably one in the nature of Writ of Certiorari by calling for the records relating to O.A. No. 5564 of 2007 on the file of the A.P. Administrative Tribunal, Hyderabad and to quash the order issued by the A.P. Administrative Tribunal in O.A. No. 5564 of 2007 dated 12.2.2008 and consequently direct the respondents forthwith to release the terminal benefits such as pension, gratuity, etc., and pass such other or further order or orders as deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.N.GURU GOPAL Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO : 4819 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to set aside the order of the tribunal passed in O.A.No:5564 of 2007 dated 12.2.2008 and consequently, to direct the respondents forthwith to release the terminal benefits such as pension, gratuity etc. Originally, the petitioner herein filed the O.A., seeking a direction to the respondents therein to sanction and pay his pension forthwith on the ground that the respondents have served a charge memo dated 20.1.2006, for which he submitted his explanation, but till date the respondents have not finalized the disciplinary proceedings and have not released the pensionary benefits. Challenging the suspension proceedings, the applicant filed another O.A.No.161/2005. At the time of admission of the O.A., the tribunal suspended suspension proceedings dated 10.1.2005 and extended the same from time to time and by virtue of interim orders and in pursuance of the same, he joined into service and retired from service on attaining the age of supperannuation. Hence, the tribunal disposed of the O.A.No.161 of 2005. Subsequently, the applicant filed the present O.A. In the present O.A., the tribunal issued interim direction to the respondents to pay provisional pension to the applicant along with the arrears, within eight weeks from the date of receipt of the order. Having regard to all these facts and in view of the retirement of the applicant and in view of the orders passed by the tribunal in another O.A.No.161 of 2005 filed by the applicant and the provisional pension sanctioned to the applicant, the tribunal disposed of the O.A., directing the respondents to conclude the disciplinary proceedings, which are pending as on today within a maximum period of six months from that day, and if the disciplinary proceedings are not concluded within the stipulated time, they shall be deemed to have been closed or dropped. Having not satisfied with the order of the tribunal, the applicant filed the present writ petition. Heard the learned Counsel and perused the material available on record. The fact that remains undisputed is that disciplinary proceedings are pending against the petitioner and subsequently, during the pendency of the said proceedings, the petitioner was retired from service. It is also pertinent to note that pursuant to the interim directions issued by the tribunal, provisional pension has also been granted to the petitioner. In these circumstances of the case and in view of the pendency of the disciplinary proceedings, We feel that the tribunal is justified in passing the order impugned. Hence, the writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. _________________________ Justice T.Meena Kumari _______________________ Justice G.Chandraiah Dated:7.3.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO : 4819 of 2008 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 07/03/2008 ,