Extracted from the PDF above. The PDF is authoritative.
APHC010164652025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 9123/2025 Between: M. Vasudeva Rao, ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. PEDDIBHOTLA VENKATA SAI RAJESH Counsel for the Respondent(S):
1. GP FOR SERVICES I The Court made the following:
ORDER:
The present writ petition is filed seeking the following relief:
“…to issue an appropriate Writ, Order or Direction, more particularly, a writ in the nature of mandamus declaring the action of 4th respondent in issuing the impugned Charge Memo in Roc.No.76/2023, dated 20.02.2024, framing Memorandum of Charges against the Petitioner and continuing the same even after retirement of the Petitioner without any progress in disciplinary enquiry, as illegal, arbitrary, violative of the provisions of the A.P. Revised Pension Rules, contrary to G.O.Ms.No.679, dated 01.11.2008, violative of Article 21 of the Constitution of India and to pass….”
2 CGR, J. W.P.No.9123 of 2025
2. Petitioner joined as Junior Assistant at Konathalapalli Gram Panchayat, Veerulapadu Mandal, Krishna District, on 01.11.1980. While working as Junior Assistant at Penamaluru Gram Panchayat, he was issued impugned charge-memo, dated 20.02.2024, alleging that he along with one K.Radhakrishna, Panchayat Secretary, Penamaluru, misappropriated Rs.9,61,728/- tax collected from 272 new houses for the year 2022-23 and also maintained cash on hand Rs.12,48,698/- in the cash book from 18.05.2022 to 29.03.2023 without remitting the same to the Gram Panchayat funds. Petitioner submitted explanation refuting the said allegations. Petitioner was placed under suspension vide proceedings Roc.No.76/2023, Pts.5, dated 23.08.2023. So far, the enquiry has not been concluded. The petitioner was superannuated on 29.02.2024. Since the respondents are not concluding the enquiry and on the other hand, he is not paid provisional pension, he filed the present writ petition.
3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing for the respondents.
4. Learned Assistant Government Pleader for Services-I appearing for the respondents submits that as petitioner has already submitted explanation and that enquiry is pending, the respondents
3 CGR, J. W.P.No.9123 of 2025 will complete the enquiry pending against the petitioner in terms of G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008, and thereafter, G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022.
5. Having heard the submissions of both parties, this writ petition is disposed of, at the stage of admission with the consent of both the
learned counsel, directing the respondent authorities to complete the enquiry pending against the petitioner in terms of G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008, and G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022, as expeditiously as possible, but not later than four months from the date of receipt of a copy of this order.
6.
Learned counsel for the petitioner also submits that petitioner is not paid provisional pension and other eligible retirement benefits in terms of G.O.Ms.No.1097 Finance and Planning (FE.Pen.I) Department, dated 22.06.2000.
7. As there is no specific prayer made in the present writ petition, liberty is granted to the petitioner to make representation to the 8th respondent within ten days and upon such representation being made, the 8th respondent is directed to consider and pass appropriate
4 CGR, J. W.P.No.9123 of 2025 orders on the said representation in terms of G.O.Ms.No.1097 Finance and Planning (FE.Pen.I) Department, dated 22.06.2000, within a period of three weeks thereafter.
8. Accordingly, the Writ Petition stands disposed of at the admission stage. No order as to costs.
As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed.
_____________________________ JUSTICE CHALLA GUNARANJAN Date:10.04.2025. cs