- (1.) Leave granted. These appeals are directed against the judgment and order dtd. 14/2/2006 passed by a Division Bench of the High Court of Judicature of Andhra Pradesh whereby and whereunder the letters patent appeal filed against the judgment and order dtd. 14/7/2005 passed by the learned Single Judge of the High Court passed in Writ Petition No. 799 of 2007 was affirmed.
(2.) The respondents herein were employees of the appellant Corporation. They reached the age of superannuation sometime in 2000. A departmental proceeding was initiated against the respondents in the year 1999 alleging some financial irregularities on their part committed in the year 1992-1993. Certain amount was sought to be recovered from them which the appellant allegedly suffered (sic loss of) by reason of the misconduct committed by them shortly before their superannuation. One of the questions which had been raised before the High Court and found favour with by both the learned Single Judge as also the Division Bench of the High Court, was that no disciplinary proceeding could have been initiated against the respondents and/or continue the same after their retirement. The High Court in support of the aforementioned finding relied upon a decision of this Court in Bhagirathi Jena Vs. OSFC.
(3.) The High Court in its order referred to a Circular dtd. 29/8/1998 which reads as under: "Sub.: Girijan Cooperative Corporation (GCC) Service Rules- Amendment of Service Rules of GCC for adoption of Andhra Pradesh Civil Service Code and Andhra Pradesh Fundamental Rules-Reg. Ref.: Board Resolution No. 7498-99 dtd. 11/8/1998. The Board in its Resolution No. 7498-99 have resolved to amend the GCC Service Rules for adoption of the Andhra Pradesh Civil Service Code Rules and the Andhra Pradesh Fundamental Rules wherever the GCC Service Rules are silent. All the Unit Officers of GCC are requested to include this para in service rules of GCC in Chapter I Part A as Rule 7. 7. Adoption of Government Rules The MD shall have power to adopt rules under 'the Andhra Pradesh Civil Service Rules' and the Andhra Pradesh Fundamental Rules to its employees whenever the GCC Service Rules of employees are silent. Receipt of the circular should be acknowledged.";