Registered No. HSE -49/2016
No.213
G.1110 AMARAVATI , MONDAY , FEBRUARY 14 , 2022
NOTIFICATIONS BY GOVERNMENT GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
PUBLIC SERVICES Smt. K. Hemalatha , the then Superintendent , Children Home, Adilabad now Retired Additional Child Development Project Officer , Gooty, Ananthapur District Making of false entries of results of Accounts Test for Subordinate Officers Part I in A.P. Gazettee No.19 - A , dated 07-05- 1992 Convicted in a Criminal Case by the Hon'ble IX M.M. Court , Hyderabad in C.C.No.343 of 1994 and upheld by the VI Additional Metropolitan Sessions Judge , Secunderabad and the Hon'ble High Court of A.P in Crl . Revison Case Nos . 1413/99 and 1461/99 Departmental proceedings initiated under Rule 20 of the A.P. Civil Services [ CCA ] Rules , 1991 Imposed punishment of 100% cut in pension and Gratuity permanently under Rule 9 of A.P. Revised Pension Rules , 1980 Punishment Modified Orders Issued .
DEPT . FOR WOMEN CHILDREN DIFFERENTLY ABLED & SENIOR CITIZENS
[ ESTT. ]
G.O.Ms.No.1 .
Dated : 20-01-2022 .
Read the following : - 1. G.O.Ms.No.31 , Deptt . , for Women , Children , Disabled & Senior Citizens ( Esst - A2 ) , dated 27.12.2014
2. Orders of the Hon'ble A.P. High Court in W.P.No.11235/ 2019 , dated : 22-01-2020
3. Govt . , Memo.No.WDC01 / 223754/ Estt . , A2/ 2015-5 , 08.06.2021 & 18.08.2021 . dated 4. Issued Govt. , Memo . No. WDC01 / 223754/ Estt.A2/ 2015-7 , WCDA & SC ( Estt.A2 ) Dept. , dated 26-11-2021 .
5. Explanation received from Smt . K. Hemalatha , the then Superintendent , Children Home , Adilabad now Retired Additional Child Development Project Officer , Gooty , Ananthapur District , dated : 10-12-2021 , received on 13-12-2021.
ORDER:
Whereas , in the G.O.1st read above , orders were issued imposing the punishment of 100 % ( hundred percent) cut in pension and Gratuity permanently under Rule 9 of A.P. Revised Pension Rules , 1980 in respect of Smt . K. Hemalatha , Retired ACDPO , Gooty , Ananthapur and formerly Superintendent , Children Home, Adilabad , as she was convicted in a Criminal Case by the IX M.M. Court , Hyderabad in C.C.No.343 of 1994 and confirmed by the judgment of VI Additional Metropolitan Sessions Judge , Secunderabad and further upheld by the Hon'ble High Court of A.P. in its orders dated 03- 10-2002 in Crl . Revision Case Nos.1413/ 99 and 1461/99 filed by her for making false entries of results of Accounts Test for Subordinate Officers Part - I in A.P. Gazettee No.19 - A , dated 07-05-1992.
2 . And Whereas , in the reference 2nd read above , aggrieved with the orders of the Government , Smt . K. Hemalatha , the then Superintendent , Children Home, Adilabad now Retired Additional Child Development Project Officer , Gooty , Ananthapur District , has filed a W.P. No. 11235/2019 in the Hon'ble A.P. High Court , wherein , the Hon'ble A.P.H.C. has passed the following orders dated : 22-01-2020 .
19. For the aforesaid reasons , the Writ Petition is allowed , setting aside the order dated 08.11.2018 passed by the Andhra Pradesh Administrative Tribunal , Hyderabad , in O.A.No.7401 of 2015 and consequently G.O.Ms.No.31 of Department for Women , Children , Disabled and Senior Citizens ( Estt.A2 ) , dated 27.12.2014 is also set aside . However , it is open for the disciplinary authority to adhere to the above indicated provisions of law and to finalize the proceedings as expeditiously as possible , preferably within a period of three ( 3 ) months from the date of receipt of a copy of this order . There shall be no order as to costs of the Writ Petition .
3 . And Whereas , in the reference 3rd read above , in pursuance of the orders of the Hon'ble A.P.H.C in W.P.No.11235/ 2019 , dated 22.01.2020 , Govt. , decided to disagree with the findings of the Inquiry Officer and in terms of Rule 21 ( 2 ) of APCS ( CC &A ) Rules , 1991 , a copy of the Inquiry Report was forwarded together with the reasons for disagreement with the findings of the Inquiring authority on the article of charges to the C.O Smt . K. Hemalatha .
4. And Whereas , in the reference 4th read above , the C.O Smt . K. Hemalatha , has submitted her further representation dated 10-12-2021 , wherein she has stated that the reasons given by the Government for the disagreement on Enquiry Report are baseless as per the provisions of Law and rules . Further , the Enquiry officer submitted his report that the charges framed against her are held not proved and recommended to drop the disciplinary proceedings . The Hon'ble High Court has also converted the punishment only as fine . The severe punishment imposed by the Government order dated 27-12-2014 is without guilty of charge . Hence , it is highly unreasonable even cut of pension 50 % as proposed . Therefore , she had requested the Government to drop the disciplinary proceedings and grant 100 percent pension and gratuity without reduction or cut with consequential benefits thereon with effect from 01-09-2007 from the date of retirement .
5. Now, Government after careful consideration of the entire matter have decided to take a humanitarian view and order to reduce the punishment of 100 % ( hundred percent ) cut in pension and Gratuity permanently to that of 50% cut in pension permanently under Rule - 9 of A.P. Revised Pension Rules , 1980 , in respect of Smt . K. Hemalatha , Retired ACDPO , Gooty , Ananthapur and formerly Superintendent , Children Home , Adilabad , as she was convicted in a Criminal Case by the orders of the IX M.M. Court , Hyderabad in C.C.No.343 of 1994 as confirmed by the judgment of VI Additional Metropolitan Sessions Judge , Secunderabad and further upheld by the Hon'ble High Court of A.P. in its orders dated 03-10-2002 in Crl . Revision Case Nos . 1413/99 and 1461/99 filed by her for making of false entries of results of Accounts Test for Subordinate Officers Part Gazettee No.19 - A, dated 07-05-1992 . I in A.P. 6. The suspension period of Smt . K. Hemalatha , Retired ACDPO , Gooty , Ananthapur and formerly Superintendent , Children Home, Adilabad , be treated as " Not on duty " for all purposes .
7 . This order does not require the concurrence of the A.P.P.S.C under Rule 9 of A.P. Revised Pension Rules , 1980 .
8. The Director , WD & CW , Guntur , is requested to take necessary further action in the matter , accordingly .
[ BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH ]
A.R. ANURADHA PRINCIPAL SECRETARY TO GOVERNMENT To The Director , W.D & C.W. , A.P. , Guntur
Copy to: -
Smt.K.Hemalatha , Retired ACDPO , Gooty , Ananthapur (through Director , WD & CW )
TheAccountant - General , A.P. , Vijayawada .
The Director of Treasuries and Accounts , A.P. , Ibrahimpatnam , Vijayawada . The G.Pfor WD & CW [ S ] , Hon'ble A.P.High Court , Amaravathi . (w.t.to C.C.No.704/ 2021 filed by Smt . K. Hemalatha , ACDPO , ICDS Gooty , Ananthapur) .
TheLiaison Officer , A.P.H.C.
SF/SCs.
// FORWARDED :: BY ORDER //
SECTIONOFFICERWU