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2025 DAILYLAW 38708 (AP)

K. appala Naidu v. The Managing Director

WP/10448/2012 · 2025-01-08

Harinath N

body2025

Judgment text

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APHC010757282012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 10448/2012 Between: K. Appala Naidu ...PETITIONER AND The Managing Director and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KOWTURU PAVAN KUMAR Counsel for the Respondent(S): 1. P A V PADMANABHAM The Court made the following Order: There is no representation for the petitioner today. 2. The petitioner is challenging the proposed recovery vide proceedings dated 06.02.2012. The petitioner was working as a Pharmacist Grade-II in the Central Medical Stores since 2008. It is stated in the pleadings that one Sk. Rehana Begum was in charge of the stores and on 27.12.2011 and 28.12.2011, the 1st respondent conducted an inspection and found some irregularities in the stock of medicines. There were a shortage of medicine to the tune of Rs.27,238/- and an excess of drugs and surgical to the tune of 2 Rs.51,914/-. It is noticed that day-to-day transactions were entered into ledgers. It is submitted in the pleadings that the petitioner had nothing to do with the said transaction, as he was not in charge of the store. However, the respondents proposed a recovery from the petitioner’s salary. The petitioner submitted a proper explanation on 13.02.2012. However, the impugned proceedings dated 06.02.2012 were issued, proposing to recover an amount of Rs.27,238/- from the salary of the petitioner, at a rate of Rs.4,238/- in the first installment and Rs.4,600/- per month in five installments. 3. This Court, vide order dated 13.04.2012, stayed the impugned order dated 06.02.2012, but left it open to the respondents to proceed further with the enquiry. This Court, while considering the W.V.M.P.No.3080 of 2012, passed an order making the interim order absolute, as the respondents had not taken up further enquiry in the matter. 4. No counter is filed on behalf of the respondents nor they present today. 3 5. Accordingly, the writ petition is allowed, the impugned proceedings are hereby set aside. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Date: 08.01.2025 NKA 4 383 HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.10448 of 2012 Date: 08.01.2025 NKA