HONOURABLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.16196 of 2010 ORDER: It appears, the petitioner on attaining the age of superannuation retired from service on 30/06/2005. After his retirement, he was served with a charge sheet dated 19/08/2005 enumerating the following charges: “Article-1: That the said Sri K.Chinnappa, Junior Assistant (Retired) while working as Revenue Inspector, O/o.AEO (Rev), Tirumala, he is expected to handover the possession of shops/houses etc., after verifying the correctness of the allotment orders and also to inform the same to the DCB Clerk and to the AEO (Rev) and to note the same in the register about the occupation/vacation particulars of the same. But on contrary he has handed over the shop Nos.217, 238, 267, 230, 284 to (1) Sri K.Dhakshayani, (2) S.Srinivasulu, (3) K.Niranjan Kumar, (4) P.Chandramma and (5) G.Radhakrishna respectively basin on the fake proceeding orders without verifying the correctness of the allotment orders and also failed to intimate the same to the concerned DCB clerk of the O/o.AEO (Rev) Tirumala then and there and also shown the shops are vacant as on 01/03/2005, though the shops are handed over to the possession on 25/07/2004 in collusion with the unauthorized allottees by accepting huge amounts for personal gain and thus exhibited his gross mis-conduct and also proved that he is an untrustworthy TTD employee. Article-2: That the said Sri K.Chinnappa, Junior Assistant (Retired) involved in the fraudulent activities was arrested by the police and remanded to police custody and also registered a criminal case in FIR No.252/05 dated 02/07/2005 which clearly shows his involvement in fraudulent activities and thereby exhibited his grave misconduct.” Initially, an enquiry was conducted without paying the provisional pension, therefore, the petitioner filed W.P.No.14505 of 2006. The said writ petition was allowed by an order dated 13/11/2007 holding that the TTD authorities have the power to conduct enquiry even after retirement of an employee from service. However, since the provisional pension was not paid, the enquiry conducted was held to be null and void and the authorities were directed to conduct fresh enquiry after payment of the provisional pension to the petitioner. It appears, thereafter, the provisional pension is being paid regularly, but no enquiry is conducted and as many as six enquiry officers were changed from time to time. The enquiry even as on today is at the stage of charge sheet and no further steps were taken. It is unfortunate, for such a charge as noticed above, the petitioner is being punished indirectly by paying 1/3rd pension. Now, it is more than five years the petitioner retired from service. Therefore, the Writ Petition is allowed and the respondents are directed to pay full pension to the petitioner till the enquiry is completed from the month of July, 2010. However, the retiral benefits shall be paid only after the enquiry is completed. If the enquiry is not completed, for any reason, within a period of three months from today, all the retiral benefits shall be paid to the petitioner. There shall be no order as to costs. __________________ JUSTICE C.V. RAMULU 09th July, 2010 SKM