V «n. APHC010002612022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) fe- FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No: 1095 OF 2022 Between: Y.Raja Babu, S/o. David, Aged about 66 years, Deputy Executive Engineer, (Retired) D.No.102/2/574, Bommuru Village, Rajamahendraram Rural, East Godavari District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. By its Principal Secretary, Water Resources Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Engineer-in-Chief, Administration Wing Department, 48-10-9/1, NH Feeder Road, Currency Nagar, Vijayawada. 3. The Superintending Engineer, Irrigation Circle, Dowlaiswaram, East Godavari District. Executive Engineer, Godavari Head Works Division, Dowlaiswaram, East Godavari District. 5. The Executive Engineer, Spl.M.I. Division, Rampachodavaram, East Godavari District. Water Resources 4. The ...RESPONDENTS 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 a Writ or Crder in the NATURE OF MANDAMUS declaring the impugned Memo No.13777A/ig.ll (V & E - 2)/2009 dt: 05.08.2021 issued by the respondent No.1 as arbitrary, illegal, violative of the principles of natural justice and well established legal principles apart from being violative of the Constitutional rights guaranteed to the petitioner under Articles 14, 16, 19 and 21 of the Constitution of India and consequently set aside the impugned Memo No.13777A/ig.ll (V & E - 2)/2009, dt; 05.08.2021. lA No: 1 OF 2022 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 to grant stay of all further proceedings in pursuance of the impugned Memo No. 13777A/ig.ll (V & E - 2)/2009, dt. 05.08.2021 issued by the respondent No.1 pending disposal of the Writ Petition. lA No: 2 OF 2022 Between: The State of Andhra Pradesh, Rep. By its Principal Secretary, Water Resources Department, Secretariat, Velagapudi, Amaravathi, Guntur District. ...PETITIONERS/RESPONDENTS AND 1. Y.Raja Babu, S/o. David, Aged about 66 years. Deputy Executive Engineer, (Retired) D.No. 102/2/574, Bommuru Village, Rajamahendraram Rural, East Godavari District. ...RESPONDENTS/WRIT PETITIONERS 2. The Engineer-in-Chief, Administration Wing, Water Resources Department, 48-10-9/1, NH Feeder Road, Currency Nagar, Vijayawada. 3. The Superintending Engineer, Irrigation Circle, Dowlaiswaram, East Godavari District. 4. The Executive Engineer, Godavari Head Works Division, Dowlaiswaram, East Godavari District. 5. The Executive Engineer, Spl.M.I. Division, Rampachodavaram, East Godavari District. (Respondents Nos.2 to 5 are formal parties) ...RESPONDENTS 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 to vacate the interim orders in I.A.No.1/2022 in W.P.No.1095/2022, dated: 20-01-2022 and dismiss the Writ Petition. Counsel for the Petitioner: SRI M.KESAVA RAO Counsel for the Respondents: GP FOR SERVICES-II The Court made the following order: APHC010002612022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] fe- FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No: 1095 of 2022 Between: 1.Y RAJA BABU, S/0 DAVID, AGED ABOUT 66 YEARS DEPUTY EXECUTIVE ENGINEER, (RETIRED) D.NO. 102/2/574, BOMMURU VILLAGE, RAJAMAHENDRARAM RURAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE ENGINEER IN CHIEF, ADMINISTRATION WING, WATER RESOURCES DEPARTMENT, 48-10-9/1, NH FEEDER ROAD, CURRENCY NAGAR, VIJAYAWADA. 3.THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, DOWLAISWARAM, EAST GODAVARI DISTRICT. 4.THE EXECUTIVE ENGINEER, GODAVARI HEAD WORKS DIVISION, DOWLAISWARAM, EAST GODAVARI DISTRICT. EXECUTIVE RAMPACHODAVARAM, EAST GODAVARI DISTRICT. 5.THE ENGINEER, SPL.M.I. DIVISION ...RESPONDENT(S): Counsel for the Petitioner: 1.M KESAVA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES II 2 KM,J W.P.No.l095of2022 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No: 1095 of 2n?9 The Court made the following order: Heard Sri M.Kesava Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Services-ll appearing for the respondents. 2. Challenging the impugned proceedings dated 05.08.2021 issued by the 1®* respondent directed to take action for recovery of sum of Rs.8,35,542/-. 3. It is contended that the petitioner was Deputy Executive Engineer i Irrigation Department. The petitioner was placed under suspension by the 1 respondent vide proceedings in G.O.Rt.No.24 I & CAD dated 05.01.2008 the alleged ground of certain irregularities in the execution of repairs / replacement of electrical panel boards panel in S.A.C.Barrage with effect from 07.01.2008. The suspension order was revoked by the 1®' respondent vide G.O.Rt.No.515 l&CAD Department dated 18.04.2008 and posted to DPM Circle, PIP Unit, Dowlaiswaram with effect from 28.04.2008. in on 4. The 1 respondent initiated disciplinary proceedings against the petitioner with the following charges: ‘‘(I) Y.Raja Babu, while functioning as Deputy Executive Engineer has deviated normal procedure and violated coda! rules by repairing, submitting and sanction of estimates duly splitting the works unnecessarily and illogically to bring the estimates within the sanctioning power of the Executive Engineer for the electrical works pertaining to S.A.C.Barrage. KM,J W.P.No.l095of2022 (II) That during the aforesaid period and while functioning in aforesaid office, Y.Raja Babu, Deputy Executive Engineer has inflated the rates of individual components in each estimate and course of in all cheap and duplicate parts were used in execution of electrical works of the barrage. Sometimes part- bills were submitted for electrical works without even concluding any agreement with the contractor to do the work. The action of the Executive Engineer is in violation of codal rules which amounts to dereliction of duties amounting to misconduct. Pursuant to the said charge memo, the petitioner submitted his defence statement, and an Enquiry Officer was appointed. The Enquiry Officer 20.07.2010, wherein Charge No.1 was not proved, and 5. submitted a report on Charge No.2 was proved only to the extent of not entering into timely correspondence with the Executive Engineer to seek clarification about splitting up of the works and submitting the estimates in a routine manner, respondent imposed a penalty with Based on the Enquiry report, the 1 cumulative effect on the petitioner and also treated the suspension period as not on duty. respondent further initiated another It is further stated that the 1 disciplinary proceedings against the petitioner by issuing a charge memo 6. dated 01.06.2011, framing the following charges: That the said Y. Raja Babu while functioning as Deputy Engineer, Head Works & Supplies Sub Division, V) Executive Dowlaiswaram has check measured the illumination works for items not executed and for items supplied other than specified 4 m,j W.P.No.1095 of 2022 brand by the contractor. The action of the Assistant Engineer is in violation of coda! rules and agreement conditions w/hich amounts to dereliction of duties and misconduct. (II) That during the aforesaid period and while functioning in aforesaid office, the said Y. Raja Babu, has check measured the excess measurements in panel board works on hoist bridge than actually executed. The action of the Assistant Engineer is in violation of coda! rules and agreement conditions which amounts to dereliction of duties amounting to misconduct. ” The petitioner submitted a defence statement to the charge memo 7. issued. Having not satisfied with the statement of defence submitted by the petitioner, the 1®* respondent vide G.O.Rt.No.364 l&CAD (Ser,VII(V&E-2) Department dated 16.04.2013 appointed Enquiry Officer. An enquiry was conducted, and pursuant to the said enquiry report, the impugned order was issued, directing recovery of an amount of Rs.8,35,542/-, from each of the two retired officers i.e., the petitioner herein & one Sri J.V.V.V.Bhanu Murthy, who were responsible for recording / check-measuring / making payments for non- executed / excess items, under Rule 9 of the Andhra Pradesh Revised Pension Rules, 1980. Equally, the impugned proceedings also directed recovery of Rs.8,35,542/- from the legal representatives of the deceased Sri K.Muralidhar, in terms of the provisions of G.O.Rt.No.1097, Finance & Planning (FW.Pen.l) Department dated 22.06.2000 and G.O.Rt.No.995, Finance (Pension-1) Department, dated 21.12.2002. 5 KM,} W.P.No.l095of2022 Learned counsel for the petitioner submits that the legal heirs of the late 8. v>»*' Sri K.Muralidhar challenged the impugned proceedings in a separate writ petition in W.P.No.30952 of 2021. This Court vide order dated 06.09.2024, allowed the said writ petition and set aside the order of recovery made against the late Sri K.Muralidhar. It is further brought to the notice of this Court by learned counsel for the petitioner that Sri J.V.V.V.Bhanu Murthy was also subjected to a similar recovery order, which was challenged in W.P.No.504 of 2022. The said writ petition was also allowed. 9. It is further submitted that the respondents have implemented the said orders in both cases. 10. Having regard to the above, and considering that the facts of the present case are not dissimilar to those of the cases involving the late Sri K.Muralidhar and Sri J.V.V.V.Bhanu Murthy, this Court deems it appropriate to allow the writ petition, setting aside the impugned order. 11. With the above observation, the Writ petition is allowed and the impugned order is set aside. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REG^TRAR SECTI^N^FICER 1. The Principal Secretary, Water Resources Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. //TRUE COPY// To, 2. The Engineer-in-Chief, Administration Wing, Water Resources Department, 48-10-9/1, NH Feeder Road, Currency Nagar, Vijayawada. 3. The Superintending Engineer, Irrigation Circle, Dowlaiswaram, East Godavari District. Executive Engineer, Godavari Head Works Division, Dowlaiswaram, East Godavari District. 5. The Executive Engineer, Spl.M.I. Division, Rampachodavaram, East Godavari District. 6. One CC to Sri M.Kesava Rao, Advocate [OPUC] 7. Two CCs to GP for Services-ll, High Court of Andhra Pradesh [OUT 8. Two CD Copies. Gl (gsg) 4. The - HIGH COURT DATED:11/07/2025 STandh^^ ORDER WP No.1095 OF 2022 o\ 2 ! lUl 2B5 m;i ^ Currem Ssciion ALLOWING THE WRIT PETITION WITHOUT COSTS