1 APHC010017982021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 1304/2021 Between: Jalli Venkatesu, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR MED HEALTH AND FAMILY WELFARE The Court made the following: ORDER : This writ petition is filed under Article 226 of the Constitution of India for the following relief: “……to issue an appropriate writ order or direction more particularly one in the nature of Writ of Certiorari calling for the records pertains to the departmental proceedings vide Roc No A3/e1743184/2019 dated 30 01 2020 passed by the 3rd respondent where under an order of Punishment i e with holding of two annual grade increments without cumulative effect imposed on the petitioner and to set aside the above impugned order in so far as it relates to punishment as it is irregular illegal arbitrary malafide discriminative against the principles of Natural Justice and against the APCSCCandA Rules 1991 besides violation of Constitutional Guarantees and to consequently direct the 2 respondents to treat the suspension period of the petitioner i e from 11 09 2019 to 30 01 2020 as on duty with all consequential attendant benefits in the interest of justice and to pass………….” 2. The grievance of the petitioner is that he was selected in Group IV examination conducted by APPSC and was posted as Junior Assistant. While he was working as J.A at RDO, Kovvur, he met with an accident, in which, he was admitted in Kamineni Hospital, Vijayawada and an orthopedic surgery called as ACL (Anterior Cruciate Ligament) was conducted to his right knee on 07.04.2016. After discharging from the hospital, the petitioner joined his duties. In due course, the petitioner was promoted as Senior Assistant. He was transferred and posted as Senior Assistant in the Office of the Collectorate at Eluru and joined duty on 14.07.2019 and he was allotted D- Section. It is further stated that, due to unbearable pain in his right knee, he has consulted doctor on 19.8.2019, who conducted surgery, and that, the doctor advised to go for physiotherapy and to take complete bed rest or otherwise the pain would remain in the entire life time. As such, the petitioner has requested the section Superintendent to sanction leave for four weeks. But no leave was sanctioned to the petitioner. While the matter stood thus, the 3rd respondent herein initiated disciplinary proceedings against the petitioner and another Senior Assistant vide Roc.No.A3/e-1743184/2019 dated 11.09.2019 and kept them under suspension. Subsequently vide proceedings of the 3rd respondent dated 20.10.2019 proposed to hold an enquiry against the petitioner and another employee by name Sri M. Anil Kumar and they were given articles of Charges 3 along with proceedings dated 20.10.2019. The petitioner submitted his explanation. But surprisingly, the 3rd respondent issued impugned order dated 30.01.2020, thereby, awarding punishment i.e., withholding two annual increments without cumulative effect, as the charges levelled against the petitioner are held proved. Immediately, the petitioner made a representation dated 12.3.2020 to the 2nd respondent with a request to consider his case and to set aside the proceedings of the 3rd respondent. But no action has been taken by the respondents so far. Hence, the present writ petition. 3. The counter affidavit has been filed by the 3rdrespondent. While denying the allegations made in the petition, inter alia, contended that, a special drive has been conducted to review the cases related to the employees, who were under suspension and decided to reinstate the employees into the duties and also to conclude the cases which are having possibilities. During the drive itself both these cases were examined and it is noticed that Sri M. Anil Kumar has applied the casual leave for two days i.e., for 20th & 21st August 2019 as he was suffering from viral fever and considering it, he had been sanctioned one day casual leave, i.e., on 20.08.2019 and the individual has attended his regular duties on 21.09.2019, 22.09.2019 and afterwards not attended to duty. Sri M. Anil Kumar in his explanation stated that he was admitted in hospital on 22nd August 2019 evening itself and informed that he tried to bring his situation to the notice of District Administration through his brother and hence taken the aspect in correlation with the medical genuineness reports, awarded minor punishment 4 of "Censure". But the petitioner herein, Sri J. Venkatesu with a preplan and willfully ascertained the medical certificate from the hospital on 19.08.2019 itself as usual he practiced to do every time earlier, which clearly shows that he has opinion to get the posting at his wanting place by showing this as a cause. Though, considering his plea under humanitarian grounds awarded minor punishment withholding of two annual grade increments without cumulative effect. It is to stated that the Special Deputy Collector (LA), PIPRMC, Unit-1, Kovvuru has sent the Service Register of the individual to this office on 04.02.2021. It is also stated that, the petitioner herein has violated Rule 3 of A.P.C.S.(Conduct) Rules, 1964, hence he has been punished by awarding minor punishment, i.e., withholding of two annual grade increments without cumulative effect in exercise of powers conferred under Rule 9 (iv) of A.P.C.S.(C.C.&A) Rules 1991. Therefore, there are no grounds in the present writ petition and prayed to dismiss the same. 4. Heard Sri K. Jyothi Prasad, learned counsel appearing for the petitioner; learned Government Pleader for Services-I and learned Government Pleader for Medical Health F.W appearing for the respondents. 5. On hearing, learned counsel appearing for the petitioner while reiterating the averments made in the petition, contended that, though the petitioner made a detailed explanation, without giving any opportunity or without considering the same, has issued the impugned proceedings withholding of two annual increments without cumulative effect. Therefore, 5 learned counsel for the petitioner requests this Court to pass appropriate orders. 6. Per contra, learned Government Pleader appearing for the respondents while reiterating the averments made in the counter, submitted that as per the provisions of Rule 34 of A.P.C.S.(C.C.&A) Rules 1991, he has an opportunity to file an appeal before the appellate authority i.e., Chief Commissioner of Land Administration, A.P., Vijayawada and the petitioner herein has also stated that he has filed representation before the Chief Commissioner of Land Administration, A.P., Vijayawada on 12.03.2020 and necessary orders will be passed by the appellate authority after examining the matter. But the petitioner has approached this Hon’ble Court which is a pre- matured writ and opposed for allowing the writ petition and prayed to dismiss the same. 7. Perused the material on record. 8. It is an admitted fact that the petitioner was appointed as Junior Assistant in the office of the Revenue Divisional Office, Kovvur and he was promoted as Senior Assistant. It is not in dispute that, while the petitioner was working as Junior Assistant at RDO, Kovvur, he met with an accident and a surgery was also conducted. Further, the petitioner was transferred and posted as Senior Assistant in the office of the Collectorate at Eluru and joined duty on 14.7.2019. While performing his duties, the pain in his right knee became exaggerated, as such, he applied for leave. But the respondent 6 authorities without considering the trauma faced by the petitioner, have issued the proceedings initiating disciplinary proceedings against the petitioner and another by name Sri M. AnilKumar and kept them under suspension. 9. As seen from the impugned proceedings, dated 30.01.2020, wherein it is observed that: “…The Disciplinary Authority has forwarded the Medical Certificates of the Charged Officer to the DM & as forward for verification vide reference 6th read above. But the Charged Officer has failed to attend before the Medical Board for examination. in the above circumstances, It is clearly established that the charged officer has not been carrying out his duties to the satisfaction of his superior officers and in exercise of the powers conferred under Rule 9 (iv) of A.P.C.S (C.C.&A) Rules 1991, Srl J.Venkatesu, Senior Assistant, O/o Collectorate, Eluru Is hereby awarded minor punishment, i.e., withholding of two annual grade increments without cumulative effect, as the charges issued to him are held proved. Further, Srl J.Venkatesu, Senior Assistant, O/o Collectorate, Eluru .(presently under suspension) Is hereby reinstated into duty. On reinstatement, Sri J.Venkatesu, Senior Assistant, O/o Collectorate, Eluru (presently under suspension) is hereby appointed as Senior Assistant, 0/0 Revenue Divisional Officer, Jangareddigudem. The individual is directed to join into duty immediately.” 10. Upon considering the material on record and on considering the submissions of learned counsel for the petitioner, since the petitioner was reinstated into duty and appointed as Senior Assistant, and that, the petitioner already joined his duty and performing his duties, this Court is of the considered opinion, inclined to allow the writ petition, while setting aside the proceedings of the 3rd respondent. 11. Accordingly, the Writ Petition is allowed. The impugned proceedings vide Roc. No.A3/e-1743184/2019 dated 30.01.2020 issued by 7 the 3rd respondent is hereby set aside. Further, the respondents are directed to consider the case of the petitioner, afresh, by affording a reasonable opportunity to the petitioner, and pass appropriate orders, as expeditiously, as possible. No costs. 12. As a sequel, all the pending miscellaneous applications in the writ petition, shall stand closed. ______________________________ DR. K. MANMADHA RAO, J. Date : 07 -02-2025 Gvl 8 HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No:1304 of 2021 Date : 07.02.2025 Gvl 9