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2024 DAILYLAW 1830 (AP)

TUMMA DEEPA v. THE HONBLE INSITUTUTION OF LOKAYUKTA

WP/20994/2024 · 2026-05-06

Lisa Gill, R Raghunandan Rao

body2024

Judgment text

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1 HCJ&RRR,J W.P.Nos.18821 & 20994 of 2024 APHC010369662024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NOs: 18821 & 20994 of 2024 Bench Sr.No:-54 [3580] W.P.No.18821 of 2024 Nadendela Sarala ...Petitioner Vs. The Honble Institution OfLokayukta For Ap and Others ...Respondent(s) ********** Advocate for Petitioner: POSANI AKASH Advocate(s) for Respondent(s): A VEERABHADRA RAO, GP FOR HOME, HARINARAYANA K, SODUM ANVESHA, GP MUNCIPAL ADMN AND URBAN DEV AP CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE R RAGHUNANDAN RAO DATE : 7th May 2026 P C : (per Hon’ble Sri Justice R. Raghunandan Rao) Heard Sri Posani Akash, learned counsel appearing for petitioner, Sri K. Harinarayana and Sri A. Srikanth Reddy, learned counsel appearing for respondents. 2. As both these Writ Petitions have been preferred against the same proceedings, passed by the Hon'ble Lokayukta, they are being disposed of, by way of this common order. 2 HCJ&RRR,J W.P.Nos.18821 & 20994 of 2024 3. The institution of the Hon'ble Lokayukta had received a complaint which was numbered as 150/2021/01. In this complaint, 7th respondent in W.P.No.18821 of 2024, who is also arrayed as respondent No.6 in W.P.No. 20994 of 2024 had stated that petitioner in W.P.No.18821 of 2024 had created a self-help group. Petitioner is said to have inducted fake numbers in this self- help group and obtained various loans, from Bank of India and withdrew the same. The complainant also stated that this information was submitted to the District Collector, against petitioner, in W.P.No.18821 of 2024, despite which no steps were taken against her. The complainant claimed that the Bank of India was cheated to the tune of more than Rs. 8 crores. 4. The Hon'ble Lokayukta took up the said complaint and obtained reports from various authorities including the manager of Bank of India. These reports, appear to have made out a case of diversion of funds. It also appears that the bank authorities, having been alerted to the siphoning of funds, had also taken up departmental enquiry and had dismissed two of its officials. 5. The Hon'ble Lokayukta having come to the conclusion that various public servants had cheated and misappropriated government funds, through forgery and use of forged documents had directed that prosecution should be launched against the petitioner in W.P.No.18821 of 2024 and other public servants. 3 HCJ&RRR,J W.P.Nos.18821 & 20994 of 2024 6. The writ petitioner in W.P.No.20994 of 2024 was working as a Community Organizer in Guntur District initially and subsequently in the office of 3rd respondent, in W.P.No.20994 of 2024. The petitioner, has approached this Court on the ground that steps were being taken to initiate action against her, by virtue of the orders of the Hon'ble Lokayukta, dated 08.07.2024. 7. The contention of both the writ petitioners is that the said order came to be passed without any notice being given to them and without giving them an opportunity of hearing as required under the provisions of Sections 9 to 12 of the Andhra Pradesh Lokayukta Act, 1983. It is also contended that the Hon’ble Lokayukta can only advise or recommend action to the government and cannot give directions to the public authorities to act in a particular manner. [ 8. Despite service of notice, the complainant, who is arrayed as respondent No. 7 in W.P.No.18821 of 2024 and respondent No. 6 in W.P.No. 20994 of 2024 has not chosen to appear before this court. 9. Learned Government Pleader for Municipal Administration and Urban Development, had been directed, by an order of this Court, dated 30.04.2026, to ascertain whether any notice was issued to petitioners before the impugned order, dated 08.07.2024, was passed. 10. Learned Government Pleader, upon instructions, submits that the Secretary to the Institution of the Hon'ble Lokayukta, had informed 4 HCJ&RRR,J W.P.Nos.18821 & 20994 of 2024 Government Pleader that no notice was given to petitioners in these two writ petitions, before the order dated 08.07.2024 bad been passed. 11. The provisions of Sections9 to 12 of the Andhra Pradesh Lokayukta Act, 1983 clearly stipulate that adequate notice and opportunity would have to be given to any public servant against whom the Hon'ble Lokayukta proposes to pass an order which would be adverse to the public servant. Even otherwise, principles of natural justice would require a notice to be given to the affected persons before any adverse order could have been passed by any public authority. In the present case since no such notice has been given, the impugned order of the Hon'ble Lokayoukta, dated 08.07.2024, requires to be set aside on the ground of violation of principles of natural justice as well as the requirements of Sections 9 to 12 of the Andhra Pradesh Lokayukta Act, 1983. 12. Accordingly these Writ Petitions are disposed of setting aside the order of the Hon'ble Lokayukta order, dated 08.07.2024. However, this order shall not be treated to be a decision on the merits of the case and it would be open to the respondents to initiate such action as they may deem fit, on the basis of their internal investigation and reports. As a sequel, pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs. LISA GILL,CJ RAGHUNANDAN RAO,J RJS 5 HCJ&RRR,J W.P.Nos.18821 & 20994 of 2024 HONOURABLE THE CHIEF JUSTICE LISA GILL & THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NOs: 18821 & 20994 of 2024 (per Hon’ble Sri Justice R.Raghunandan Rao) 07.05.2026 RJS 6 HCJ&RRR,J W.P.Nos.18821 & 20994 of 2024