APHC010287462017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 906 OF 2017 Between: 1. The State of Andhra Pradesh, Rep by its Principal Secretary Revenue (Vigi II) Dept., Secretariat Buildings, Velagapudi, Thulluru Mandal, Guntur District. 2. The Director and Inspector General of Registration and Stamps, State of Andhra Pradesh D. No. 5-59, ‘A’ Block RK Springvalley Apartment Kankipadu Mandal, Edupgallu, Krishna District. 3. The Deputy Inspector General of Registration and Stamps, Guntur Guntur District. 4. The Deputy Inspector General of Registration and Stamps, Ongole Prakasam District. ...Petitioners/Respondents in O.A. No.6103/2014 AND 1. S. Sambasiva Rao, S/o. Papa Rao, Aged about 60 years. Retired Joint Sub Registrar -II SRO Addanki Prakasam, R/o. Flat No. 104 Leela Grand Apartment, Devapuram 2"'^ Lane, Guntur 522002. ...Respondent/Appellant in O.A. No.6103/2014 2. The Andhra Pradesh Administrative Tribunal, Hyderabad, Rep by its Registrar. ...Respondent 3. The Accountant General A and E, AP Saifabad Hyderabad. ...Respondents/4 Respondent in O.A. No.6103/2014 (Respondent 3 is formal party) •’ 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 to issue an appropriate writ or direction more particularlyone in the nature Writ of Certiorari calling for the records relating to and connected with the order dt. 03.10.2016 in OA.No. 6103 of 2014 on the file of the Hon’ble Andhra Pradesh Administrative Tribunal Hyderabad and to quash or set aside same as erroneous in excess of jurisdiction and contrary, to law. lA NO: 1 OF 2017rWVMP 390 OF 2017 Between: S. Sambasiva Rao, S/o. Papa Rao, Aged about 60 years. Retired Joint Sub Registrar -II SRO Addanki Prakasam, R/o. 104 Leela Grand Apartment, Devapuram 2"^ Lane, Guntur 522002. ...Petitioner/Respondent AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Revenue (Vigi M) Dept., Secretariat Buildings, Velagapudi, Thulluru Mandal, Guntur District. The Director and Inspector General of Registration and Stamps, State of Andhra Pradesh D. No. 5-59, ‘A’ Block RK Springvalley Apartment Kankipadu Mandal, Edupgallu, Krishna District. The Deputy Inspector General of Registration and Stamps, Guntur Guntur District. The Deputy Inspector General of Registration and Stamps, Ongole Prakasam District. 2. 3. 4. ...Respondents/Writ Petitioners The Andhra Pradesh Administrative Tribunal, Hyderabad, Rep by its Registrar. 5. 6. The Accountant General A and E, AP Saifabad Hyderabad. ...Respondents/Petitioners Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to vacate the Interim Order granted in W.P.M.P. No. 1006/2017 in W.P. No. 906/2017 dated 06-012017 and to dismiss the Writ Petition. lA NO: 2 OF 2017(WPMP 1006 OF 2017 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 suspend the operation of the orders dt. 03.10.2016 on the file of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad in OA.No. 6103 of 2014 pending disposal of the Writ Petition. Counsel for the Petitioners: GP FOR SERVICES I Counsel for the Respondent No.1 : SRI C. SRINIVASA BABA Counsel for the Respondent No.1 : SRI V. RAVINDRA Counsel for the Respondent No.2 : Counsel for the Respondent No.3 : The Court made the following order: APHC010287462017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 906/2017 Between: 1.THE STATE OF ANDHRA PRADESH. REP BY ITS PRINCIPAL SECRETARY REVENUE (VIGI II) DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI, THULLURU MANDAL, GUNTUR DISTRICT. 2.THE DIRECTOR AND INSPECTOR GENERAL OF REGISTRATION AND STAMPS, STATE OF ANDHRA PRADESH D NO 5-59, A BLOCK RK SPRINGVALLEY APARTMENT KANKIPADU MANDAL, EDUPGALLU, KRISHNA DISTRICT. 3.THE DEPUTY INSPECTOR GENERAL OF REGISTRATION AND STAMPS, GUNTUR GUNTUR DISTRICT. 4.THE DEPUTY INSPECTOR GENERAL OF REGISTRATION AND STAMPS, ONGOLE PRAKASAM DISTRICT. ...PETITIONER(S) AND 1.S SAMBASIVA RAO, S/0 PAPA RAO. AGED ABOUT 60 YEARS, RETIRED JOINT SUB REGISTRAR -II SRO ADDANKI PRAKASAM R/0 104 LEAL GRAND APARTMENT, DEVAPURAM 2ND LANE , GUNTUR 522002 2.THE ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL, HYDERABAD, REP BY ITS REGISTRAR 2 HBKM,J & HAHHS,J y W.P.No.906of2017 3.THE ACCOUNTANT GENERAL A AND E, AP SAIFABAD HYDERABAD ...RESPONDENT(S): Counsel for the Petitioner{S): 1.GP FOR SERVICES I (AP) Counsel for the Respondent(S): 1.C SRINIVASA BABA \ 3 HBKM,J & HAHHS,J W.P.No.906of2017 The Court made the following: ORDER: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the petitioners and the learned counsel for the 1®' respondent. 2. This writ petition was filed against the order in O.A.No.6103 of 2014 on the file of erstwhile Andhra Pradesh Administrative Tribunal, dated 03.10.2016. The 1®* respondent herein was the applicant therein and the petitioners herein are the respondents therein. 3. St 4. The 1 respondent worked as Joint Sub-Registrar-11, Addanki Prakasam District and retired from the service. He filed the above said O.A. questioning the proceedings in G.O.Rt.No.743 Revenue (Vigilance-ll) Department, dated 18.08.2014, issued by the 1 respondent therein through which, penalty of 10% cut in pension permanently was imposed against him. The above said impugned order dated 18.08.2014 St St petitioner herein/1 was passed only on the ground that the cash of Rs.2,500/- was crumpled near the chair of the applicant/1 respondent herein in the office. 5. Through the charge memo dated 28.01.2010, the following 2 charges were framed; 1. “That Sri S. Sambasivarao, Joint Sub Registrar-ll, District Registrar Office (Original branch) Guntur has committed a grave misconduct in as much as engaging 8 private persons for collection of bribes/excess amou’"^*^ f''nm members of public who 4 HBKMJ & HAHHS,J W.P.No.906of2017 approached him for official favours like various Registrations etc., and collected Rs.74,805/- through them on 20.05.2009. The eight persons were found near Registration dias and were about to handover the, bribe collected on that day to the Joint Sub-Registrar-H”. 2. “That an amount of Rs.2,500/- folded and crumpled was found near the chair of Sri S. Sambasiva Rao, Joint Sub-Registrar-11 (GS) O/o. District Registrar, (Original branch), Guntur which could not be explained by him satisfactorily”. So far as the charge is concerned, it is the main charge and it was not proved, even according to the disciplinary authority. For the 2^^^ charge, the above said punishment was imposed, but the enquiry officer’s report is clear that the cash of Rs.2,500/- was not recovered from the applicant therein/1®* respondent herein. It was found crumpled near the chair of the applicant and that was the case before the authorities concerned to take the \ 6. above said impugned action. It is not a case of trap to show that the said amount was recovered from the body of the applicant therein/1®* respondent herein nor there was any complaint to that effect. There was no convincing reasoning given by the enquiry officer to say that the said amount was found crumbled near the chair of the applicant. Ultimately proving of the said charge was based upon no evidence. In view of the same, the Tribunal allowed the above said O.A. by setting aside the G.O.Rt.No.743 Revenue (Vigilance-ll) Department, dated 18.08.2014, issued by the 1®* petitioner herein/1®* respondent therein and consequently directed the respondents therein/petitioners herein to release 7. w 5 HBKM,J & HAHHS,J W.P.No.906 of 2017 the withheld 10% cut in pension permanently, to the applicant therein/1 respondent herein within a period of two (02) months from the date of receipt of the said order copy of the tribunal. St In view of the stay granted in this writ petition, the order of the Tribunal could not be given effect to even according to both the counsels submissions. 8. Since we see no reason to interfere as it is a reasoned one, the petitioners are directed to implement the orders of the erstwhile Tribunal within a period of three (03) months from the date of receipt of this order. 9. 10. Accordingly, this Writ Petition is dismissed. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. Two CCs to GP for Services I, High Court of Andhra 2. One CC to Sri C. Srinivasa Baba, Advocate [OPUC] 3. One CC to Sri V. Ravindra, Advocate [OPUC] 4. Two CD Copies Pradesh [OUT] Cnr HIGH COURT DATED: 15/07/2025 \ 5 2 I AUG 20?5 i ^Cwrenisecwu, 4 ORDER WP NO. 906 OF 2017 DISMISSING THE W.P. WITHOUT COSTS