IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATJ- (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21345 OF 2019 o X\ -Tl W > /O xP Between: Desagiri Raju Babu, S/o. Sanyasi Padal, aged about 51 years, School Asst. (Social Studies), Tribal Welfare, Asharam Uppar Primary School, Jajulapalem Village, Chintapalli Mandal, Paderu Division, Visakhapatnam. ...PETITIONEF^ AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Social Welfare Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Tribunal Welfare Department, Andhra Pradesh, Vijayawada, Krishna District. 3. The Project Officer, ITDA Paderu Division, Visakhapatnam District. 4. The Deputy Director, Tribal Welfare Department, Visakhapatnam. 5. The District Education Officer, Visakhapatnam District. ...RESPONDENT^ ^ 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 order or directions more particularly one in the nature of Writ of Mandamus declare the action of the 5th respondent in issued proceedings Rc.No.432/A2/2005, dated 02.05.2005 imposing major punishment of stoppage of 5 increments beside recovery of H.R.A. and other, incentives from the last one year is highly illegal, arbitrary and violative of principles of natural justice and also in violation of Articles 14 16 and 21 of the Constitution of India and contrary to the C.C.C.A Rules, set aside the same and consequently direct the respondents to release the increments and repay the HRA and other incentives which was deductecJ with all consequential benefits on par with the applicant in O.A.No.6360 of 2009. f lA NO: 1 OF 2019 Petition under Section I^T^CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the case of the petitioner keeping in view of the Hon'ble A.P.A.T. orders in O.A.No.6360 of 2009, dated 6.3.2012 by extending the same on par with applicant therein pending disposal of the writ petition, Counsel for the Petitioner: SRI MANOJ KUMAR BETHAPUDI _ Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES lU Counsel for the Respondent No.5: GP FOR SERVICES III The Court made the following: ORDER 1 APHC010443482019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21345/2019 Between: Desagiri Raju Babu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.MANOJ KUMAR BETHAPUDI Counsel for the Respondent{S): 1.GP FOR SERVICES II 2.GP FOR SERVICES III (AP) The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21345/2019 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “...to issue a writ order or directions more particuiariy one in the nature of Writ of Mandamus declare the action of the 5th respondent in issued proceedings Rc.No. 432/A2/2005 dated 02.05.2005 imposing major punishment of stoppage of 5 increments beside recovery of H.R.A and other incentives from the last one year is highly illegal arbitrary and violative of principles of natural justice and also in violation of Articles 14 16 and 21 of the Constitution of India and contrary to the C.C.C.A., Rules set aside the same and consequently direct the respondents to release the increments and repay the HRA and other incentives which was deducted with all consequential benefits on par with the applicant in O.A. No. 6360 of 2009..." Heard Sri Manoj Kumar Bethapudi, learned Counsel for the petitioner 2. and learned Assistant Government Pleader for Services-ll for the respondents. Learned counsel for the petitioner would submit that without conducting 3. any enquiry basing on the preliminary report, the petitioner was awarded with punishment of stoppage of five (5) increments beside recovery of H.R.A relating to the death of a student in the hostel. Learned counsel would further submit that the petitioner was School Assistant, Social Studies. Learned th respondent (D.E.O) is not an counsel would further submit that the 5 4^ appropriate authority to pass such punishment. In the light of Rule 3 which says that the Deputy Director, Tribal Welfare is the appointing as well as Disciplinary Authority. No charge has been framed and no enquiry has been Learned counsel would further submit that similarly situated person like the petitioner, approached the Tribunal by filing O.A No.6360 of 2009 and it was allowed by setting aside the impugned order therein. The petitioner is also person similarly situated. The learned counsel finally prays to allow the petition by setting aside the impugned order. conducted. 4. Learned Assistant Government Pleader for Services-ll would submit that the petitioner has not approached the Tribunal. Learned Assistant Government Pleader fairly conceded that similarly situated person like the petitioner from the very same school approached the Tribunal and got relief. Learned Assistant Government Pleader would further submit that the may pass appropriate Orders. court 5. Considering the submissions made, since it is an undisputed fact that without conducting any enquiry, the punishment of stoppage of five (5) increments beside recovery of H.R.A imposed against the petitioner which is in contravention of Rules. In that view, the Writ Petition is allowed. The impugned order is set aside. However, it does not preclude the respondent- authorities to take appropriate steps as per the Governing Rules and law vK-'t.... 4 regarding the incident i.e., death of the student. The petitioner is entitled to get back any amount or emoluments for recovery. Pending applications, if any, shall stand closed. has been made absolute as above. Witness the Hon’ble Justice Sri Dhiraj Singh Thakur on this Thursday, Thirteenth That Rule Nisi the Chief day of March, Two Thousand and Twenty Five. // // // Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Social Welfare Department, State of Andhra A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. Pradesh 2. The Commissioner, Tribunal Welfare Department, Andhra Pradesh, Vijayawada, Krishna District. 3. The Project Officer, ITDA Paderu Division, Visakhapatnam District. 4. The Deputy Director, Tribal Welfare Department, Visakhapatnam. 5. The District Education Officer, Visakhapatnam District. 6. One CC to Sri Manoj Kumar Bethapudi, Advocate [OPUC] ^ 7. Two CCs to GP for Services-!!, High Court of Andhra Pradesh. [OIJT] 8. Two CCs to GP for Services-lll, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. ssb HIGH COURT DATED; 13/03/2025 ORDER WP.No.21345 of 2019 ALLOWING THE W.P. WITHOUT COSTS