APHC010587142024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30634/2024 Between: 1. CHENNURU RAMMOHAN, S/O. CHENNURU VENKATA RAMANA, AGE. 52 YEARS, OCC. DEE/DS/KADAPA, APSPDCL, EMPLOYEE.LD.NO.6150, R/O.1/2596, MIGH 145, HOUSING BOARD COLONY, KADAPA, ANDHRA PRADESH - 516001. ...PETITIONER AND 1. THE STATE OF AP, REP.BY SPECIAL CHIEF SECRETARY TO GOVERNMENT, DEPARTMENT OF ENERGY, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH - 522503. 2. THE ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION CORPORATION LTD, (APSPDCL), REP.BY. ITS CHAIRMAN AND MANAGING DIRECTOR (CMD), AT CORPORATE OFFICE, KESAVAYANAGUNTA, TIRUPATI URBAN, TIRUPATI DISTRICT. 3. THE CHAIRMAN AND MANAGING DIRECTOR CMD, ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION CORPORATION LTD. (APSPDCL), AT CORPORATE OFFICE, KESAVAYANAGUNTA, TIRUPATI URBAN, TIRUPATI DISTRICT. 4. THE SUPERINTENDING ENGINEER SE, OPERATION, APSPDCL, YSR KADAPA DISTRICT. Page 2 of 5 SRS,J W.P.No.30634 of 2024 5. THE EXECUTIVE ENGINEER EE, OPERATION, MYDUKUR, APSPDCL, YSR KADAPA DISTRICT. ...RESPONDENT(S): 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 Direction, more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings issued by Respondent.No.3 vide Memo No.CMD / CGM(HRD) / GM(HR- II) / DGM(PEN)/ PO(PEN) / D.No. 563/24 dated 06.12.2024 as illegal, arbitrary, violation of Principles of Natural Justice, capricious and contrary to the APSEB Employees Discipline and Appeal Regulations, as well as Articles 14, 19, and 21 of the Constitution of India and consequently, to set aside the impugned Proceedings issued by the Respondent.No.3 vide Memo.No.CMD / CGM(HRD) /GM(HR-II) / DGM(PEN)/ PO(PEN) / D.No. 563/24 dated 06.12.2024 and/or to pass IA NO: 1 OF 2024 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 SUSPEND the operation of the impugned proceedings issued by Respondent.No.3 vide Memo No.CMD / CGM(HRD) / GM(HR- II) / DGM(PEN)/ PO(PEN) / D.No. 563/24 dated 06.12.2024 and/or pass Counsel for the Petitioner: 1. DHEERA KANISHKA Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. GP FOR SERVICES I The Court made the following: :ORDER: The petitioner, working as Deputy Executive Engineer, filed the above writ petition impugning the proceedings issued by respondent No.3 vide Memo No.CMD/CGM (HRD)/ GM (HR-II)/DGM (PEN)/ PO(PEN) / D.No.563/24 dated SRS,J W.P.No.30634 of 2024 06.12.2024, directing the Drawing Officers and Controlling Officers to effect recovery from the petitioner and one T. Srinivasulu from the month of December, 2024 and submit a copy of the recovery statement with immediate effect.. 2. Heard Sri Dheera Kanishka, learned counsel for the petitioner and Sri K.V. Rama Rao, learned standing counsel for respondents 2 to 5. 3. The petitioner was appointed as Assistant Engineer in respondent No.2 Corporation on 10.10.1998 and was promoted as Deputy Executive Engineer, in the year, 2008. While the petitioner was working as Assistant Engineer, an incident occurred on 09.06.2005 at around 5:30 A.M, in his jurisdiction, resulted in death of one Sri Pokala Eswar Reddy. The family members of the deceased filed O.S.No.6 of 2006 on the file of learned VI Additional Judge, Kadapa, claiming compensation and the said suit was decreed, awarding a compensation of Rs.7,77,500/- with interest at 6% per annum from the date of filing the suit till realization, along with costs of Rs.37,029/-. 4. Aggrieved by the said judgment and decree, APSPDCL filed A.S.No.609 of 2010. Pending the appeal, in compliance of interim order, an amount of Rs.4,25,779/- was deposited by way of demand draft dated 25.10.2010. Eventually the appeal was dismissed on 28.08.2023. 5. Be that as it may, respondent No.2 issued proceedings impugned holding that the petitioner and one T. Srinivasulu are responsible for the alleged incident and directed the Drawing Officers to effect recovery of the entire amount from the said persons, from December, 2024. 6. As seen from Ex.P1, neither a notice was issued to the petitioner before passing the order nor was an inquiry conducted. The proceedings would indicate that based upon the finding recorded in the judgment, the authority issued the order impugned. Before effecting recovery, respondent No.2 ought to have issued show cause notice to the petitioner calling upon him to submit SRS,J W.P.No.30634 of 2024 explanation to meet the principles of natural justice. However, without issuing show cause notice, the proceedings impugned were issued. 7. Learned standing counsel fairly submitted that the proceedings impugned do not indicate about either issuance of show cause notice or conducting of any inquiry. 8. Recovery of amount from the employee should be made after an inquiry in accordance with the Rules. However, as discussed supra, such a procedure was given a go bye in the case at hand. Since the order impugned is passed in violation of the principles of natural justice, the same is liable to be set aside. 9. Given the facts and circumstances of the case, this writ petition is allowed. The proceedings issued by respondent No.3 vide Memo No. CMD/CGM (HRD)/ GM (HR-II)/DGM (PEN)/ PO(PEN)/D.No.563/24 dated 06.12.2024 is hereby set aside. No costs. However, this order will not preclude respondent No.2 from initiating necessary proceedings, strictly in accordance with the Rules, in vogue. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 21.01.2025 IKN SRS,J W.P.No.30634 of 2024 296 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30634 / 2024 Dated: 21.01.2025 IKN