APHC010348542024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 17778/2024 Between: 1. S VALLI BASHA, S/O.MAHABOOB SAHEB, AGED ABOUT 70 YEARS, OCC. RETIRED FOREST RANGE OFFICER, R/O.H.NO.43/222, N.R.PETA, KURNOOL, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, ENVIRONMENT, FORESTS, SCIENCE 86 TECHNOLOGY (SEC.IV) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, , GOVERNMENT OF ANDHRA PRADESH, GUNTUR, GUNTUR DISTRICT. 3. THE CHIEF CONSERVATOR OF FORESTS, , KURNOOL CIRCLE,KURNOOL, KURNOOL DISTRICT. 4. THE DIVISIONAL FOREST OFFICER, WILD LIFE DIVISION, NANDYAL, NANDYAL DISTRICT. ...RESPONDENT(S): 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 to declare the action of Respondent No.1 in awarding the punishment of withholding entire pension to the Petitioner vide G.O.Ms.No.24 Environment, Forests, Science and Technology (SEC.IV), Department, dated 22-05-2024 as arbitrary, illegal and violation of Article 14, 19 and 21 of the Constitution of India and consequently set aside the impugned G.O.Ms.No.24 Environment, Forests, Science and Technology (SEC.IV), Department, dated 22-05- 2024 issued by the 1st Respondent with a consequential direction to continuo to pay the pension to the Petitioner in the interest of justice. IA NO: 1 OF 2024 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 pleased to direct the Respondents to continue to pay the pension to the Petitioner by suspending the impugned G.O.Ms.No.24 Environment, Forests, Science and Technology (SEC.IV), Department, dated 22-05- 2024 issued by the 1st Respondent pending disposal of the writ petition IA 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 pleased to grant leave for filing of the counter affidaivt in WP No. 17778 of 2024 and pass Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following ORDER: 1. The present Writ Petition is filed aggrieved by the action of Respondent No.1 in awarding the punishment of withholding the entire pension to the petitioner vide G.O.Ms.No.24, Environment, Forests, Science and Technology (SEC.IV) Department, dated 22.05.2024, as being arbitrary and illegal. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. The learned counsel for the petitioner has placed reliance on the proceedings of the Principal Chief Conservator of Forests dated 28.05.2010, wherein the disciplinary authority, after considering the report of the Enquiry Officer, passed the following orders: “Sri Valli Basha, Forest Range Officer, formerly of Bandi Atmakur Range of Nandyal Division, Kurnool Circle, was awarded the punishment of reduction to the basic minimum for a period of one year, which would have the effect of postponing increments, besides recovery of Rs.1,96,613/-. An appeal against the said order lies with the Special Chief Secretary to Government, EFS & T Department, Government of Andhra Pradesh, Hyderabad, within 90 days from the date of issue of the order. The order was issued in duplicate, and the receipt of the same was required to be acknowledged on the duplicate copy and returned to the undersigned. 4. Assailing the said order, the petitioner filed O.A.No.579 of 2017 before the Andhra Pradesh Administrative Tribunal, and the said O.A. was considered and disposed of vide order dated 30.01.2018 with the following observations: “In view of the above and in terms of the orders passed by the Tribunal in O.A.No.4268 of 2015 dated 20.01.2017, the impugned order of punishment in proceedings No.37734/04/K1-K3(i) dated 28.05.2010 and the consequential order of rejection in Memo No.7431/For.IV/A1/2010 dated 05.07.2016 are liable to be set aside and are accordingly set aside. The respondents were directed to conduct a joint enquiry against the applicant along with the retired Forest Section Officer, namely W. Radha Krishna, as contemplated under Rule 24 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, in terms of the order in O.A.No.4268 of 2015 dated 20.01.2017. The O.A. was allowed accordingly”. 5. During the pendency of the disciplinary proceedings on the very same charges, the Judicial Magistrate of First Class, Nandyal, adjudicated C.C.No.262 of 2010 and, by judgment dated 17.06.2016, acquitted the petitioner of all the criminal charges. However, without considering the findings recorded by the competent Court, the respondents issued the impugned G.O.Ms.No.24, Environment, Forests, Science and Technology Department, dated 22.05.2024, imposing the punishment of withholding the entire pension of the petitioner, besides recovery of Rs.1,96,613/-. 6. The learned counsel for the petitioner submitted that the impugned order is contrary to the record, inasmuch as, while imposing such penalty, the respondent authorities failed to consider the findings recorded by the trial Court in C.C.No.262 of 2010. 7. Considering the submissions made and upon perusal of the material available on record, this Court is of the considered view that, without going into the merits of the case, as the issue has already been considered by the competent Court in C.C.No.262 of 2010, the Writ Petition is disposed of granting liberty to the petitioner to file a review application before Respondent No.1 against the impugned orders dated 22.05.2024 within a period of one month from the date of receipt of a copy of this order. Upon such application, the Respondent No.1 shall consider the review application based on the findings of the Judicial Magistrate of First Class, Nandyal, in C.C.No.262 of 2010 dated 17.06.2016 and pass appropriate orders in accordance with law, duly considering the facts and findings of the said judgment. The said exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D RAMESH 06.05.2026 klk 28 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO:17778/2026 06.05.2026 klk