S SRINIVASULU v. THE STATE OF ANDHRA PRADESH

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the impugned orders issued in G.O.Ms.No.46, TR B (Vig.R B) Dept. dated 22-12-2022 and G.O.Rt.No.403, TR B (Vig.R B) Dept. dated 22-12-2022 by the 1st respondent and Memo.No. 2 6151NC(1)/2019, dated 21-11-2025 issued by the 2nd respondent against the petitioner herein, for the incident related to 2008-2013, which is beyond 4 years of the incident is contrary to Rule 9(2)(b)(ii) of A.P. Revised Pension Rules, as illegal, arbitrary, contrary to law declared by the Honble Apex Court in State of U.P. and another vs. Shri Krishna Pandey (1996) 9 SCC 395 and quash the same in terms of the similar orders passed by a Division Bench of this Honble Court in Sri P.Ramachander Chetty, reported in 2001(3) ALD 558, W.P.No.25587/2018 Batch, dated 15-11-2018 and W.A.No.453 of 2021 batch dated 16-9-2021, and in W.P.No.6933 of 2025 dated 20- 03-2025 and consequently direct the respondents to release all retirement benefits i.e., Full pension, Retirement Gratuity, Encashment of Earned Leave and Commutation of Pension together with interest @ 9PERCENT per annum for delayed payments, in terms of the orders passed in W.A.No. 383 of 2022, dated 12-7-2022 and to pass IA NO: 1 OF 2025 praying Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the impugned orders issued in G.O.Ms.No.46, TR&B (Vig.R&B) Dept. dated 22- 12-2022 and G.O.Rt.No.403, TR&B (Vig.R&B) Dept. dated 22-12- 2022 Memo.No. 6151NC(1)/2019, dated 21-11-2025 issued by 1st and 2nd respondents pending disposal of the above writ petition and to pass Counsel for the Petitioner:

1. CHILAMKURTHI SATYA DEV NAIDU Counsel for the Respondent(S):

1. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 35220/2025 ORDER: The present Writ Petition is filed questioning the impugned orders issued by Respondent No.1 in G.O.Ms.No.46 TR & B (Vig.R & B) Department dated 22.12.2022 and G.O.Rt.No.403, TR & B (Vig.R & B) Department dated 22.12.2022 and Memo No.6151/VC(1)/2019, dated 21.11.2025 issued by Respondent No.2, as illegal and arbitrary.

2. The facts leading to filing of the present Writ Petition are as follows: The Petitioner had joined the department as Assistant Executive Engineer on 28.05.1981. Subsequently, Petitioner was promoted as Deputy Executive Engineer on 25.02.2004, as Executive Engineer on 31.08.2011, as Superintending Engineer on 01.06.2018. After the service of more than 38 years, the Petitioner had retired from service as Superintending Engineer in R & B Department on 31.07.2019.

3. While so, a Charge Memorandum was issued to the Petitioner on 22.12.2022 vide G.O.Ms.No.46 TR & B (Vig.R& B) 4 Department dated 22.12.2022 read with G.O.Rt.No.403, TR & B (Vig.R & B) Department dated 22.12.2022, whereunder two Articles of Charges were framed against the Petitioner. The Articles of Charges read as under: “Failed to take over the Dommeru - Decherla R&B Road at Km.11/0-2 for a length of 185 M in trafc worthy condition after expiry of the lease period. “Colluded with M/s.Shiridi Sai Stone Crushers who was able to quarry 51,810 cum of unauthorized metal within the road portion and the bufer zones, thereby caused huge loss of revenue of Rs.2,20,19,250/- to theGovernment exchequer.

4. Consequent to the enquiry, the Petitioner was imposed a punishment as mentioned above. Hence, the present Writ Petition.

5. The only ground urged by the Petitioner is that the impugned Charge Memorandum is contrary to Rule 9 (2) (b) (ii) of the A.P. Revised Pension Rules, which provides an outer limit of 4 years from the date of incident as the period of limitation within which the Charge Memorandum can be issued. In this case, the incident occurred in between the years 2009 to 2013 and Charge 5 Memorandum was issued on 22.12.2022, i.e., more than 9 years from the date of incident.

6. Learned Government Pleader for Respondent Nos.1 and 2 on instructions, does not dispute the time gap in between the occurrence of incident and issuance of charge memorandum against the Petitioner.

7. Heard the counsel.

8. As per Rule 9 (2)(b) of the Andhra Pradesh Revision Pension Rules, 1980, the disciplinary enquiry can be initiated within 04 years from the date of the incident. Rule 9 (2) (b) of the A.P. Revision Pension Rules, 1980, reads as under:

9. Right of Government to withhold or withdraw pension : (2) (b) The Departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re-employment: (i) shall not be instituted save with the sanction of the Government; (ii) shall not be in respect of any event which took place more than four years before such institution; (iii) shall be conducted by such authority and in such place as the State Government may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Government Servant during his service. 6

9. As per the above provision, no enquiry can be initiated against a retired employee with reference to the incident which is four years prior the date of issuance of the Charge Memorandum. In the present case, as per the statement of imputation, the allegation is that the officials of R & B department in Kovvuru Division have failed to object to the quarrying operations in Dommeru-Dacherla R & B Road from 13.03.2009 to

23.10.2013. Pursuant to a news report, a inspection of quarry lease of M/s. Shirdi Sai Stone Crushers was done on 30.11.2015 a report was submitted

11.12.2015 Roc.No.1745/2015/L. The last of the dates even as per the statement of imputation is the issuance of demand notice to M/s. Shirdi Sai Stone Crushers for evasion of seinnage fee on

17.06.2017. Inspite of the above, the charge memorandum was issued on 22.12.2022. The impugned charge memorandum was issued after retirement of Petitioner on 31.07.2019. There is a delay of 9 years in issuing the Charge Memorandum to the Petitioner from the date of incident.

10. The Hon’ble Supreme Court while considering a similar provision i.e., Regulation 351-A of Civil Services Regulations in 7 State of U.P. v. Shri Krishna Pandey1, held that the incident of loss or misconduct should have happened four years from the date of institution of the proceedings. The relevant portion of the order is extracted below; “But the events of misconduct etc. which may have resulted in the loss to the Government or embezzlement, i.e., the cause for the institution of proceedings, should not have taken place more than four years before the date of institution of proceedings. In other words, the departmental proceedings must be instituted before lapse of four years from the date on which the event of misconduct etc. had taken place.”

11. In view of the above, no enquiry can be initiated against a retired employee with reference to the incident which is four years prior to the date of issuance of the Charge Memorandum. As stated supra, the Charge Memorandum was issued on 22-12- 2022 with reference to incidents that occurred in between the years 2009 to 2013. Therefore, impugned Charge Memorandum issued vide G.O.Ms.No.46 TR & B (Vig.R& B) Department dated 22.12.2022 and G.O.Rt.No.403, TR & B (Vig.R& B) Department dated 22.12.2022, cannot be sustained. 1(1996) 9 SCC 395 8

12. Therefore, the writ petition allowed with following directions:- (i). The impugned Charge Memorandum issued G.O.Ms.No.46 TR & B (Vig.R & B) Department dated 22.12.2022 and G.O.Rt.No.403, TR & B (Vig.R & B) Department dated

22.12.2022 are quashed. (ii). Respondents shall pay the Retirement Benefits due to the Petitioner. (iii). There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Date: 24.12.2025 _______________________________ JUSTICE NYAPATHY VIJAY 9 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 171 WRIT PETITION NO.35220/2025 Dated 24.12.2025