APHC010318632024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16135/2024 Between: 1. V.SHARAT KUMAR,, S/O. LATE CHINAMA NAIDU, AGED ABOUT 66 YEARS, OCC- RETIRED EXECUTIVE ENGINEER, PIU DIVISION, SRIKAKULAM, PANCHAYAT RAJ ENGINEERING DEPARTMENT SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ ENGINEERING DEPARTMENT, SRIKAKULAM DISTRICT. 3. THE EXECUTIVE ENGINEER, PIU DIVISION, SRIKAKULAM 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 tomay be pleased to issue an order, direction, writ, more particularly Writ of Mandamus declaring the G.O.Rt.No.919, Panchayat Raj and Rural Development (Vig.l) Department dated 28.12.2023 communicated to the Petitioner on 08.07.2024 as illegal, improper, unjust, arbitrary and contrary to A.P. Pension Rules 9(2)(B)(2) r/w Rule 9(6) of A.P. Revised Pension 2 Rules, 1980 and set aside the same and further direct the Respondents to release the full pension and other terminal benefits to the Petitioner and 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 may be pleased to suspend the operation of G.O.Rt.No.919, Panchayat Raj & Rural Development (Vig.l) Department dated 28.12.2023 by directing the Respondents to release the full pension terminal benefits to the Petitioner, forthwith, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. K RAGHU VEER Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.16135 of 2024 ORDER : The writ petition is filed declaring the action of the Respondents in issuing G.O.Rt.No.919, Panchayat Raj & Rural Development(Vig.I) Department dated 28.12.2023 which is communicated to the Petitioner on 08.07.2024 as illegal and arbitrary. 2. The facts relevant to the purpose of this case are as under: The Petitioner had retired from the service on 31.07.2018 and the impugned Charge Memo was issued on 28.12.2023. As per the Charge Memorandum, the article of charge framed against the Petitioner was that he had recommended the bill for payment despite inferior quality of concrete work in respect of work No.4 i.e "Construction of CC road from BT road to burial ground and retaining wall on both sides at Madanapuram,Village, Madanapuram GP, Sarvakota Mandal" erstwhile Srikakulam District and he had failed to discharge his duties and exhibited lack of devotion to duty. 3. Rule 9(2)(b)(ii) of the A.P Revised Pension Rules, 1980 prohibits issuance of charge memorandum with regard to the events 4 that had occurred four years prior to the issuance of charge memorandum. Rule 9(2)(b)(ii) reads as under: (b) The Departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re-employment: (i) shall not be instituted save with the sanction of the Government; (ii) shall not be in respect of any event which took place more than four years before such institution; and (iii) shall be conducted by such authority and in such place as the State Government may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Government servant during his service. 4. The impugned charge memo was issued on 28.12.2023, where as the Petitioner was retired from service on 31.07.2018. The charge memo is beyond the time prescribed under Rule 9(2)(b)(ii) of A.P Revised Pension Rules, 1980. 5. Therefore, the charge memorandum dated 28.12.2023 is set aside and the writ petition is allowed. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 14.11.2025 KLP