APHC010169592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 9066/2025 Between: A. Madhusudhan Reddy ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 2 CGR, J W.P.No.9066 of 2025 ORDER: The present writ petition is filed by the petitioner under Article 226 of the Constitution of India for the following reliefs: “…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Articles of Charge framed against the petitioner vide G.O.Rt.No.1886, dated 14.09.2022, thereby alleging that while functioning as Executive Engineer, being Pension Sanctioning authority and the safe custodian of the records of PBC Division, Pulivendula, the petitioner has failed to implement the Government Order G.O.Ms.No.91, 1 & CAD (IW: Services-VI(1) Department, dated 08.09.2010, by not intimating to the Accountant General & Concerned Treasury Officer, resulting in payment of Provisional Pension for a period of 6 years 11 months and i.e., till the death of Sri H. Jaffar Mohddin (30-07-2017) and thus caused loss to the Government Exchequer and thus committed dereliction of duties amounting to misconduct and consequential further proceedings in G.O.Rt.No.412, dated 09.12.2024 appointing inquiring authority to inquire into the said charges framed against the petitioner, as illegal, irregular, arbitrary, violative of Andhra Pradesh Revised Pension Rules, 1980, contrary to provisions of Andhra Pradesh Civil Services (CCA) Rules, 1991, offends Articles 14, 21 and 300-A of the Constitution of India and in violation of the well-settled principles of Service Jurisprudence and consequently, set aside the impugned Articles of Charges framed against the petitioner under the aforesaid G.O. and consequential appointment of Inquiring Authority and pass such other order or orders…” 2. Heard Smt. P. Haritha, learned counsel, representing Sri A. Madhusudhan Reddy, learned counsel for the petitioner; and learned Assistant Government Pleader for Services-II appearing for the respondents. 3 CGR, J W.P.No.9066 of 2025 3. The case of the petitioner is that he retired as Superintendent Engineer on 31.05.2021. After his retirement, a charge memo was issued to him vide G.O.Ms.No.1886, Water Resources {Vig.II.(V&E)} Department, dated 14.09.2022, containing a sole article of charge. The allegation pertains to his tenure as Deputy Executive Engineer holding additional charge as Executive Engineer during the period from 20.07.2010 to 01.09.2011, wherein he allegedly failed to implement the Government orders, resulting in payment of provisional pension for a period of 6 years 11 months to an individual, thereby causing loss to the government exchequer. 4. Learned counsel for the petitioner contends that the initiation of disciplinary proceedings, through the said charge memo, is arbitrary and illegal under Rule 9 (2)(b)(ii) of the Andhra Pradesh Revised Pension Rules, 1980 (for short, ‘the Rules, 1980’), which stipulates that no departmental proceedings shall be instituted against a government servant after retirement in respect of any event which took place more than four years prior to such institution. 5. Upon perusal of the charge memo dated 14.09.2022 (Annexure-1), along with Annexure-2 containing the statement of imputation of misconduct, it is evident that the period of alleged misconduct in the PBC Division, Pulivendula, relates to the years 4 CGR, J W.P.No.9066 of 2025 2010-2011. This period clearly falls beyond the four-year limitation from the date of retirement i.e., 31.05.2021. 6. Learned Assistant Government Pleader for Services-II appearing for the respondents submits that although the petitioner retired on 31.05.2021, the charge memo dated 14.09.2022, relates to the events of 2011. However, no valid justification has been provided for issuing the charge memo in violation of the prescribed time limit. 7. Learned counsel for the petitioner further brought to the notice of this Court the order dated 25.02.2025 passed by this Court in W.P.No.2562 of 2025 and requested similar relief in the present case. Paragraph Nos.8, 9 and 10 of the said order reads as follows: “8. Rule 9(2)(b)(ii) of the Rules, 1980 prescribes that the departmental proceedings, if not instituted while the Government servant while in service, whether before his retirement or during his re-employment, shall not be in respect of any event which took place more than four years before such institution. 9. In the case at hand, the charge memo dated 05.05.2022 was issued in respect of the occurrence dated 05.08.2017, 27.01.2018 and 13.08.2017, four years after the incident that too after the retirement of the petitioner. Thus, the charge memo vide G.O.Rt.No.857 Water Resources (Vig.I) Department, 5 CGR, J W.P.No.9066 of 2025 dated 05.05.2022 (Ex.P.4) violates the AP Revised Pension Rules, 1980. Accordingly, the charge memo impugned is liable to be set aside. 10. Given the discussion supra, the Writ Petition is allowed by setting aside the impugned charge memo vide G.O.Rt.No.857 Water Resources (Vig.l) Department, dated 05.05.2022 (Ex.P.4). The respondents shall pay retirement benefits to the petitioner following the Rules. No order as to costs.” 8. Considering the facts and circumstances of the case, the Writ Petition is allowed in terms of the order dated 25.02.2025 passed by this Court in W.P.No.2562 of 2025. Accordingly, the charge memo issued vide G.O.Ms.No.1886, Water Resources {Vig.II.(V&E)} Department, dated 14.09.2022, is hereby set aside. 9. The respondents are directed to pay the retirement benefits to the petitioner in accordance with the Rules, 1980. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN 8th April 2025 cbn 6 CGR, J W.P.No.9066 of 2025 217 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.9066 of 2025 8th April, 2025 cbn