APHC010363042019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17292/2019 Between: THOTA SRIKANTH, S/O T. NAGESWARA RAO, AGED 42YEARS, OCC A.E. ( PRODUCTION II), APSPDCL, NANDYALA, KURNOOL DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENERGY INFRASTRUCTURE AND INVESTMENT DEPARTMENT, A.P. SECRETARIAT, AMARAVATI AT VELAGAPUDI, GUNTUR DISTRICT. 2. THE CHAIRMAN AND MANAGING DIRECTOR SOUTHERN POWER DISTRIBUTION CO OF A P LTD, TIRUPATI, CHITTOOR DISTRICT. 3. THE VIGILANCE COMMISSIONER, ANDHRA PRADESH VIGILANCE COMMISSION, A.P. SECRETARIAT, AMARAVATI AT VELAGAPUDI, GUNTUR DISTRICT. 4. THE DIRECTOR GENERAL ANTI CORRUPTION BUREAU ACB, 2ND FLOOR.N.T.R. ADMINISTRATIVE BLOCK, PUNDI NEHRU BUS STATION, VIJAYAWADA, ANDHRA PRADESH ...RESPONDENT(S): Counsel for the Petitioner: 1. M. RAVINDRA Counsel for the Respondent(S): 1. V V SATISH (SC for APEPDCL) The Court made the following: ORDER: The Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a writ of Mandamus, declaring the action of the 2nd respondent in according sanction in proceeding vide Ref.No. Lr.No.CMD/CGM(HRD)/JS(HR)/CGM(HR)/DGM(DCPO(DCI)F.331N 2 LR/D.No. 2249/19, dt.14.10.2019 to prosecute the petitioner in Crime No. 10 / RCT-ACB-NLR / 2016 dt 12-08-2016 on the file of ACB Police Station, Nellore Range, Nellore, SPSR Nellore District as highly illegal, arbitrary, unjust and violative of Principles of Natural Justice, Articles 14 and 21 of Constitution of India and in violation of the Order of this Hon'ble Court dt 01-10-2019 in W.P. No. 15573 / 2019 and Consequently to set aside the above said Sanction Order dt 14-10-2019.” 2. Sri M.Ravindra, learned counsel for the Petitioner would submit that, earlier, the Petitioner filed W.P.No.15573 of 2019 challenging the sanction order which was issued without considering the enquiry report of Respondent No.4 therein i.e., the Divisional Engineer, Enquiries, APSPDCL, Tirupathi, dated 30.07.2018 in Case No.1808/2018. Learned counsel would further submit that, a Coordinate Bench of this Court vide Order dated 01.10.2019 directed the Respondents therein to consider the report of the Enquiry Officer, dated 30.07.2018 before according sanction. Learned counsel would submit that, despite the order of this High Court, Respondent No.2 issued sanction order to prosecute the Petitioner, without considering the enquiry report dated 30.07.2018. Aggrieved thereby, the present writ petition has been filed to set aside the sanction order dated 14.10.2019. 3. Sri V.V.Satish, learned Standing Counsel for Respondents would submit that the order dated 01.10.2019 passed in W.P.No.15573 of 2019 was communicated to them on 17.11.2019, whereas, the sanction order was passed on 14.10.2019. Learned Standing Counsel would further submit that, Court may pass appropriate orders since this Court passed the order on 01.20.2019 to consider the enquiry report, dated 30.07.2018 before passing the sanction order. Learned Standing Counsel would further submitted that, 3 as per G.O.Ms.No.41, dated 05.12.2019, Central Power Distribution Corporation of A.P., Limited (APCPDCL) having Head Quarters at Vijayawada is formed after unbundling of APSPDCL pertaining to the distribution business of electricity over Krishna, Guntur and Prakasam Districts and the services of Petitioner herein is duly allotted to APCPDCL on final allocation by orders dated 11.09.2020. As such, APCPDCL authorities shall be the necessary party for proper adjudication of the present petition. 4. Learned Special Public Prosecutor for ACB would submit that the Court may pass appropriate orders. 5. Considering the submissions made and on a bare perusal of the material on record, the fact remains is that, a Coordinate Bench of this Court in W.P.No.15573 of 2019 passed the order dated 01.10.2019. For ready reference, relevant portion of the said Order is extracted hereunder: “Hence, in view of the above circumstances, the respondents 1 to 3 are directed to consider the report of the Enquiry Officer, dated 30.7.2018, before according sanction. The writ petition, with the above direction, is disposed of. As a sequent, miscellaneous petitions pending consideration if any in the writ petition shall stand closed.” 6. Despite the above said Order, the Respondents-Authorities issued sanction order, without considering the Enquiry Report dated 30.07.20218. In that view, the sanction order is not sustainable. 7. In the light of the above circumstances, the Writ Petition is allowed setting aside the sanction proceeding vide Ref.No. Lr.No.CMD/CGM(HRD)/JS(HR)/CGM(HR)/DGM(DCPO(DCI)F.331NLR/D.No. 4 2249/19, dt.14.10.2019 in Cr.No.10 / RCT-ACB-NLR / 2016 dt 12-08-2016 on the file of ACB Police Station, Nellore Range, Nellore, SPSR Nellore District and Respondent No.2 i.e., APCPDCL, which is the competent authority as submitted by the learned Standing Counsel, is directed to pass sanction order afresh by following the orders of this Court in W.P.No.15573 of 2019, dated 01.10.2019. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:20.03.2025 Dinesh 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No.17292 of 2019 Dt.20.03.2025 Dinesh