R. Raghunath v. The State of Andhra Pradesh

the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the articles of Charges framed against the petitioner vide (a) G.O., Rt.No.857 Dt 05.05.2022 (b) G.O.Rt. No. 1302 Dt 13.05.2022 and (c) G.O. Rt.No.1304 Dt 13.05.2022, in respect of the works executed more than 4 years ago are unsustainable, against the provisions of Andhra Pradesh Revised Pension Rules, 1980, contrary to provisions of Andhra Pradesh Civil Services (CCA) Rules, 1991 and 14, 21 and of Constitution of India and consequently offends Articles V Quash the same. The action of the respondents in not releasing his Full Pension with arrears and other Service Benefits, pursuant to the orders of disciplinary authority imposing a penalty of 6% cut in pension for a period of (2) Years vide G.O. Rt No. 1656 Dt 01.07.2022 as illegal, arbitrary, 1980, contrary to provisions of Andhra Pradesh Civil Services (CCA) Rules, 1991 and offends Articles 14, 21 of Constitution of India and consequently direct the respondents to pay full pension as per his eligibility and entitlement with arrears thereof and other Service benefits forthwith. of Andhra Pradesh Revised Pension Rules violative irregular, lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend operation of (a) G.O.Rt. No; 857 Dt; 05.05.2022; (b) G.O. Rt. No; 1302 Dt; 13.05.2022 and (c) G.O.Rt. No; 1304 Dt; 13.05.2022 and consequently direct the respondents to pay the petitioner full pension as per his eligibility and entitlement with arrears thereof and other Service benefits forthwith, pending disposal of the main Writ Petition. Counsel for the Petitioner: M/s. NIMMAGADDA REVATHI Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES III The Court made the following: ORDER APHC010044382025 rr ' IN THE HIGH COURT OF ANDHRA PRADESH m AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY .THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2562/2025 Between: R Raghunath ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:

1.NIMMAGADDA REVATHI Counsel for the Respondent{S):

1.GP FOR SERVICES III The Court made the following ORDER: Heard Smt. Nimmagadda Revathi, learned counsel for the petitioner and Assistant Government Pleader for learned Services-ll Sarath, Sri respondents 1 & 2.

#2. The petitioner, Superintending Engineer (retired), Water Resources Department, filed the above writ petition assailing the charge memo vide G.O.Rt.No.857 Water Resources (Vig.l) Department, dated 05.05.2022 issued by the respondent, as illegal, arbitrary and violative of Rule 9(2)(b)(ii) of Andhra Pradesh Revised Pension Rules, 1980. 2 r

#3. A charge memo vide G.O.Rt.No.857 Water Resources (Vig.l) Department, dated 05.05.2022 (Ex.P.4) was issued to the petitioner. The petitioner submitted a written defence dated 10.08.2022 (Ex.P.5). Learned counsel for the petitioner would submit that no Inquiry Officer has been appointed so far.

#4. Annexure-I of the charge memo discloses three Articles of charges. Learned counsel for the petitioner would submit that in respect of the first Article of charge, the date of occurrence is 05.08.2017; the second Article of charge, the date of occurrence is 27.01.2018 and the third Article of charge, the date of occurrence is on 13.08.2017. The petitioner retired from service on

31.07.2020 and the charge memo dated 05.05.2022 was served four years after the date of occurrence.

#5. Learned Assistant Government Pleader Services submitted instructions of 2'^^ respondent. In the instructions, it was mentioned that the petitioner retired from service on

31.07.2020 on attaining the age of superannuation. Concerning the Articles of charges, the date of occurrence is shown as 05.08.2017, 27.01.2018 and 13.08.2017 respectively.

#6. Learned counsel would contend that after getting sanction from the Government, the charge memo was issued to the petitioner. Consideration:

#7. Thus, as seen from the charge memo and the Article of charges, there is no dispute about the date of occurrences i.e. 05.08.2017, 27.01.2018 and

13.08.2017. The petitioner was retired from service on 31.07.2020. Thereafter, the charge memo dated 05.05.2022 was issued to the petitioner.

#8. Rule 9(2)(b)(ii) of the Rules, 1980 prescribes that the departmental proceedings, if not instituted while the Government servant while in service, whether before his retirement or during his re-employment, shall not be in 3 respect of any event which took place more than four years before such institution. In the case at hand, the charge memo

#9. respect of the occurrence dated 05 after the incident that too l charge memo vide G.O.Rt.No 05.05.2022 (Ex.P.4) violates dated 05.05.2022 was issued in ..08.2017, 27.01.2018 and 13.08.2017, four after the retirement of the petitioner. Thus, the .857 Water Resources (Vig.l) Department, dated 1980. Pension Revised Rules, the AP Accordingly, the charge memo impugned is liable to be set aside. Given the discussion supra 10. the impugned charge memo vide G Department, dated 05.05.2022 benefits to the petitioner , the Writ Petition is allowed by setting aside .O.Rt.No.857 Water Resources (Vig.l) (Ex.P.4). The respondents shall pay retirement following the Rules. No order as to costs. Miscellaneous petitions pending, if any shall stand closed. //true copy// Sd/- N. NAGAMIVIA ASSISTANT REGIST^ s€gtonofficer To

#1. The principal Secretary to Government, Water Resources Department, State of Andhra Pradesh Development Department) Secretariat (Formerly Irrigation and Command Area , Velagapudi, Amaravati, Guntur District.

#2. TheEngineer- in-Chief (Admn), Water Resources Department, Vijayawada, N.T.R. District. 3, one CC to Smt. Nimmagadda Revathi, Advocate [OPUC] CCS to GP for Services-lll, High Court of Andhra Pradesh. I

#4. Two

#5. Three CD Copies. f HIGH COURT DATED:25/02/2025 ORDER WP.No.2562 of 2025 11 MAR 2025 a ^ . Current 6dcuon . %!:5£ffSPATCH^^^ ALLOWING THE W.P. WITHOUT COSTS