M NARASIMHULU NAIDU v. THE INSTITUTION OF LOKAYUKTA OF AP
WP/19614/2024 · 2026-07-20
Challa Gunaranjan, Lisa Gill
body2024
DailyLaw.ai
[ 2024 DAILYLAW 1954 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 1954 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010380812024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WRIT PETITION NO: 19614 of 2024 Bench Sr.No:-47 [3584] M Narasimhulu Naidu ...Petitioner Vs. The Institution of Lokayukta Of AP and Others ...Respondent(s) ********** Advocate for Petitioner: Mr. T. N. M. Ranga Rao representing Mr. Rajendra C Advocate(s) for Respondent(s): GP for Services I
CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 21th July 2026 LISA GILL, CJ: Prayer in this writ petition is for setting aside order, dated 30.06.2023, passed by learned Lokayukta.
2. It is pleaded that writ petitioner joined Revenue Department in Chittoor District as Junior Assistant on 29.06.1984 and continuously rendered service for 34 years and retired on 31.12.2018 and has a blemish-free service. It is further stated that writ petitioner participated and contested elections of A.P. Revenue Services Association, Tirupathi Division and Non-Gazetted Officers Association, Tirupathi unit. He was elected as President of A.P. Revenue
2 wp_19614_2024 Services Association six times and once as Vice President to Non-Gazetted Officers Association, Tirupathi unit.
3. Respondent Nos.4 and 5 filed complaint before Lokayukta against writ petitioner in year 2017 with allegations of misappropriation of funds and properties of A.P. Revenue Services Association, Tirupathi Division, even though they were not members of Tirupathi Division unit.
4. Learned Lokayukta vide order, dated 30.06.2023, directed District Collector, Chittoor District, to take necessary further action against erring officials, who are responsible for misappropriation of A.P. Revenue Services Association funds and submit a report. Aggrieved therefrom, present writ petition was filed.
5.
Learned counsel for writ petitioner points out that first and foremost, impugned order could not have been passed by learned Lokayukta issuing direction as above. Moreover, as per inquiry report, dated 25.11.2021, submitted by District Collector, Chittoor District, it is specifically stated that no case as such is made out against writ petitioner and that allegations of misuse of Association funds and irregularities, are not correct and complaint seems to have been filed only due to differences between complainants and writ petitioner during elections to post of office bearers for Tirupathi Division. 6. Complainants never filed any objections to this report as is duly noted in impugned order dated 30.06.2023, and neither did they come forward to
3 wp_19614_2024 pursue their complaint. However, learned Lokayukta proceeded to observe that there were procedural and financial irregularities in A.P. Revenue Services Association, Tirupathi unit, and allegations against writ petitioner stood proved without pointing out any basis for the same. It is further submitted that allegations against writ petitioner are not in respect to discharge of his official duties. Moreover, no notice whatsoever was issued to petitioner before passing such order. It is thus prayed that this writ petition be allowed. 7. None has appeared on behalf of respondent Nos.4 to 9 despite service. Complainants, who are arrayed as respondent Nos.4 and 5, have chosen not to join present proceedings as well. 8. Learned Government Pleader for Services – I affirms that as per report of District Collector, dated 25.11.2021, allegations against petitioner were not found to be substantiated. 9. Having heard learned counsel for parties, in our considered opinion, impugned order dated 30.06.2023, passed by learned Lokayukta is not sustainable. 10. It is to be noted that passing of direction to District Collector, Chittoor District, to take necessary further action against the petitioner/erring officials and submit a report is beyond his jurisdiction. In this regard, gainful reference can be made to judgment of Hon’ble the Supreme Court in Additional
4 wp_19614_2024 Tahsildar and another v. Urmila G. and others (2023) 20 SCC 642, wherein it is reiterated that issuance of a positive direction by Lokayukta is not within the jurisdiction of this authority. Further, no notice whatsoever was issued to writ petitioner before passing of such order. Moreover, there is no reason forthcoming in impugned order dated 30.06.2023, for discarding report, dated 25.11.2021, submitted by District Collector, Chittoor District. 11.
Keeping in view facts and circumstances as above, impugned order, dated 30.06.2023, is set aside. Writ Petition is, accordingly, allowed. It is clarified that this order does not preclude taking of any action in accordance with and as per applicable provisions. No costs. Pending miscellaneous applications, if any, shall stand closed. LISA GILL, CJ
CHALLA GUNARANJAN, J
akn
Whether the order is Speaking/Reasoned : Yes / No Whether the order is Reportable
: Yes / No
5 wp_19614_2024 HON’BLE MRS.JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN
Writ Petition No: 19614 of 2024 DATE : 21.07.2026
AKN
116