HONOURABLE SMT. JUSTICE T.MEENA KUMARI & HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No:8250 OF 2007 Dated: 21.8.2007 Between: The Director of Town and Country Planning, A.P Hyderabad & others ..Petitioners And P.Krishna ..Respondent. HONOURABLE SMT. JUSTICE T.MEENA KUMARI & HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No:8250 OF 2007 ORDER: (Per the Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed by the petitioners seeking to call for the records pertaining to the order dated 21.2.2007 passed in O.A.No:5777 of 2006 and to set aside the same. The respondent herein is the applicant. He filed the O.A. seeking to declare the charge Memo No:3733/2004/E1-1, dated 28.6.2006 issued by the 1st respondent just 48 hours prior to his retirement as illegal and set aside the same and consequently, direct the respondents to sanction and release all the pensionary benefits due to the applicant with all consequential benefits. The tribunal having observed that the respondents having kept the issue in cold storage for about more than one decade, would not have waked up especially on the eve of superannuation of the applicant, set aside the memo impugned therein directing the respondents to release all the retrial benefits of the applicant. Having aggrieved by the same, the respondents have preferred the present writ petition. Heard the learned counsel and perused the material available on record as well as the order impugned. The main thrust of the argument of the learned G.P. for the respondents is that during the course of his service, the applicant was suspended and subsequently, reinstated on 3.1.1992 treating the suspension period as duty and an amount of Rs.4,100/- towards the said period was sent to the applicant by way of a demand draft vide Lr.Roc.No:46/91/MPSU/Rjy, dated 21.1.1993 and the same was received by the applicant under proper acknowledgement dated 28.1.1993. However, the applicant started sending representations stating that as if he was not paid the duty period salary. He also sent legal notice with all false allegations and thereby, the attitude of the applicant amounts to violation of the provisions under C.C.A. Rules, for which a charge memo has been issued to the applicant. Unless and until the enquiry under charge memo is completed, his pensionary benefits cannot be settled. Therefore, the tribunal is not justified in passing the order impugned. A perusal of the material on record prima facie goes to show that the applicant having received the amount under proper acknowledgement, is denying the receipt of an amount of Rs.4,100/- towards the duty period salary by way of sending the representations as well as the legal notice, for which a charge memo has been issued to the applicant. However, the question as to whether the applicant was paid the amount in question under proper acknowledgment or not and if so, whether the conduct of the applicant amounts to violation of the provisions under C.C.A Rules, is a matter to be decided during the course of an enquiry being initiated against the applicant pursuant to the explanation to the charge memo in question. Unless and until, the said aspect is decided, the truth cannot come out so as to know the truth or otherwise of the allegations of the applicant. In this back ground of the matter, We feel that the tribunal is not justified in setting aside the charge memo impugned in the O.A. In the instant case, without offering any explanation to the charge memo in question, the applicant has directly approached the tribunal on mere techniqualities. Therefore, We feel it appropriate to grant two (2) Weeks time to the applicant to submit his explanation to the charge memo in question, if not already submitted from the date of receipt of a copy of this order and on submission of such an explanation, the respondents shall complete the enquiry within a period two (2) months and pass appropriate orders in accordance with law. Subject to the above direction, this W.P. is disposed of. ________________________ Justice T. Meena Kumari _____________________ Justice G. Chandraiah Date: 21st August, 2007 Gurc. HONOURABLE SMT. JUSTICE T.MEENA KUMARI & HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No:8250 OF 2007 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 21st August, 2007