Punishment Only Based on Clinching Evidence: HC

Hyderabad:A two-judge panel of the Telangana High Court directed the state government to tweak the pensionary benefits of a retired sub-judge and to make payment accordingly to his legal representatives. A panel of Justice Sam Koshy and Justice S. Chalapathi Rao answered favourably a writ plea filed initially by B. Srihari questioning recommendations to the government by the High Court on the administrative side. “In departmental enquiries the factum of charges must be proved by clear and clinching evidence.” the panel ruled. During his tenure as Junior Civil Judge, Srihari faced an inquiry for charges of corruption and acceptance of illegal gratification. Though a preliminary inquiry report in September 1985 found that there was no proof of the charges, the High Court not only placed him under suspension but also initiated a full-fledged departmental inquiry against him. Though the inquiry officer found the charges not proved, the High Court passed orders in 1989 removing the petitioner from service. This removal order was successfully challenged by the petitioner before the High Court on the judicial side and the writ petition was allowed in 1998. A representation, the genesis of the next and present round of litigation, claimed monetary benefits including seniority, arrears of balance of pay for the period of suspension till date of superannuation and all attendant emoluments. The administrative wing of the High Court in 1998 resolved to withhold his pension for life. The order was challenged in the present petition filed at the beginning of the century. Delivering the verdict, Justice Chalapathi Rao pointed out that mere suspicion should not take the place of proof. The recommendation of the High Court to deprive the officer of his pensionary benefits was “not based on proper appreciation of the findings of the inquiry report”, Justice Chalapathi Rao pointed out. The panel directed the authorities to compute the pension arrears due to Srihari from the date of retirement to the date of his death and the payments be made to his legal representatives. The panel also made clear that terminal benefits already paid to the deceased shall not be reopened and the members of the family will be entitled only to the arrears of pension.

HC faults govt for not regularising services

The Telangana High Court yet again faulted the state government for its stance and approach in refusing to even extend last grade service benefits to a person who worked for 25 years. Bookya Bhagwan in his writ plea complained against the panchayat raj department and the district panchayat officer of Suryapet in not treating the services in the post of clerk-cum-bill collector even after 26 years in contingent service. Justice S. Nanda allowing the writ petition cited 16 judgments of the apex court and the High Court on her way to deciding the writ plea. Pointing to the celebrated case of ‘Uma Devi’ of the apex court she said employees in irregular appointments who were engaged in duly sanctioned posts and had served continuously for more than 10 years should be considered for regularisation as a one-time measure. The judge required the petitioner to make a fresh representation enclosing all documents in proof of his case and the authorities shall consider them in terms of the verdicts stated, after giving an opportunity to the petitioner within four weeks.