1 APHC010673202022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 41070/2022 Between: Union Of India and Others ...PETITIONER(S) AND G Nagabhushana Rao ...RESPONDENT Counsel for the Petitioner(S): 1. G SAI NARAYANA RAO SC FOR CENTRAL. GOVT. Counsel for the Respondent: 1. Y N VIVEKANANDA The Court made the following Order: (Per Hon’ble Sri Justice B.Krishna Mohan) Heard the learned counsel for the petitioners and the learned counsel for the respondent. 2. This writ petition was filed questioning the order in O.A.No.824 of 2021 on the file of Central Administrative Tribunal, Hyderabad Bench 2 dated 19.04.2022 allowing the said O.A. filed by the 1st respondent herein/ applicant therein. 3. The 1st respondent herein filed the above said O.A. as applicant therein questioning the action of the petitioners herein/ respondents therein in withholding the pensionary benefits and other benefits contrary to the provisions of law and sought for quashing of the same by setting aside the impugned proceedings/ letters dated 31.12.2020, 09.03.2021 r/w letters dated 04.02.2021 and 20.02.2021 with narrative report dated 30.01.2021 of the petitioners herein/ respondents therein and sought a consequential direction to disburse the retiremental benefits forthwith along with productivity linked bonus pertaining to the year 2020-21, salary pertaining to the retirement month of December, 2020 and transfer all the consequential benefits by issuing proceedings of regular pension by paying interest @9% per annum on the delayed payments. Upon consideration of the matter on merits, the learned bench of the Central Administrative Tribunal held that the O.A. succeeds and the impugned orders for withholding pensionary benefits are set aside and further directed the petitioners herein/ respondents therein to make payment of retiremental dues which are stated to be withheld to the applicant therein/ 1st respondent herein within a period of 90 (ninety) days from the date of receipt of copy of the said order. 3 4. The learned counsel for the petitioners submits that in view of the declaratory consent letter given by the 1st respondent dated 25.03.2021, the petitioners herein made a total recovery of Rs.35,38,846/- as shown in the proceedings of the Divisional Office, Personnel Branch, GTL, dated 12.11.2021. This proceedings were issued in the subject of explanation to the stock sheet and settlement of dues with reference to the employee representation dated 18.08.2021 addressed to G.M. and others. But he admits that there was no enquiry conducted before initiating any recovery process. However, he refers to the rule position of Railway Services (Pension) Rules, 1993 specifically adverting to Rule 15(4)(i)(a) which reads as under: “15. Recovery and adjustment of Government or railway dues from pensionary benefits: xxxx xxxx (4)(i) A claim against the railway servant may be on account of all or any of the following:- (a) losses (including short collection in freight charges, shortage in stores) caused to the Government or the railway as a result of negligence or fraud on the part of the railway servant while he was in service.” As per the said rule position, there shall be loss (including short collection in freight charges, shortage in stores) caused to the Government or the railway as a result of negligence or fraud on the part of the railway servant while he was in service. It is the case of the petitioners/ railway department that the 1st respondent while he was in 4 service, due to his negligence, there was a loss of railway property as per the stock sheet. But admittedly, there was no enquiry under the said rule position to uphold that the 1st respondent is guilty of negligence or fraud committed by him during the course of employment. The whole exercise was undertaken by the department much subsequent to the retirement of the employee dated 31.12.2020 only on the strength of the declaratory consent letter said to have been given by the 1st respondent dated 25.03.2021. 5. On the other hand, the learned counsel for the 1st respondent also submits that, no enquiry was conducted by the department to show him guilty for the charge of negligence or fraud in the loss of railway property if any. He also further submits that only on the declaratory consent letter said to have been given by the 1st respondent herein, the petitioners’ department taken coercive action of withholding the amount of Rs.35,38,846/- from the retirement benefits of the 1st respondent herein. 6. In view of the above said facts and circumstances, upon consideration of the rival submissions and upon careful reading of the order of the Tribunal, this court finds it very clear that the whole exercise of the department by way of impugned action is without having any basis much specifically without conducting any enquiry to come to 5 a conclusion that there is a loss of property of the department on account of the negligence of the 1st respondent herein. In view of the same, the petitioners/ railway department cannot proceed with the recovery proceedings dated 12.11.2021 solely relying upon the consent letter said to have been given by the 1st respondent dated 25.03.2021. 7. For the foregoing reasons, this writ petition is dismissed and the petitioners are directed to release the withheld amount of Rs.35,38,846/- due and payable to the 1st respondent in accordance with law as expeditiously as possible preferably within a period of three (3) months from the date of receipt of this order. Further, it does not precluded to proceed with any enquiry that is permissible under law against the 1st respondent if any in any of the charges notwithstanding the payment made as per the directions of this court. No order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B.KRISHNA MOHAN __________________________________ JUSTICE A.HARI HARANADHA SARMA 02.04.2025 NNN