IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI WRIT PETITION NO: 3718 OF 2018 Between: Marappa Reddygari Kumara Swamy Reddy. S/o Narayana Reddy, aged about 69 years, R/o 19-12-137, Kesavayanagunta, Tirupathi. ...PETITIONER AND State of Andhra Pradesh, rep. by its Principal Secretary, Endowments Department, Secretariat Buildings, Velagapudi, Guntur District. Tirumala Tirupathi Devasthanams, rep. by its Executive Officer, Tirumala, Tirupathi, Chittoor District. The Chief Vigilance and Security Officer, Tirumala Tirupathi Devasthanams, Tirupathi, Chittoor District. The Deputy Executive Officer, (Sri Govindaraja Swamy Temple), Tirumala Tirupathi Devasthanams, Having office at G.N.Mada Street, Tirupathi, Chittoor District. 1. 2. 3. 4. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the unilateral action of the respondent may issuing proceedings bearing Roc.No SGT3/166/SriGT/TTD/Tpt/2011, dated 17.3.2016 directing to Rs.49,328/- from the pension of the petitioner, as wholly arbitrary, illegal and serious violation of principles of natural justice in addition to being violative of Articles 14. 21 and 300-A of the Constitution of India and in recover consequently set-aside the said proceedings, directing the return Rs. 49 328/- with interest and 24% to the petitioner, from the date of deduction and award exemplary costs towards and arbitrary. respondents to perpetration of such illegal IA NO: 1 OF ?ni« Petition under Section 151 CPC stated in the affidavit filed in pleased to direct the respondents 2 and 3 praying that in the circumstances support of the petition, the High Court may be to forthwith return the amount of Rs.49.328/- with interest to the petitioner, which was unilaterally deducted the : SGT3/166/SriGT/TTD/Tpt/2011, dated in pursuance of proceedings bearing Roc.No. 17.3.2016 issued by the 2 nd respondent, pending disposal of the writ petition. Counsel for the Petitioner: SRI J. UGRANARASIMHA Counsel for the Respondent No.1: GP FOR ENDOWMENTS Counsel for the Respondent Nos.2 to 4: SRI V.R. N. PRASHANTH, SC FOR TTD The Court made the following: ORDER APHC010083362018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE ELEVENTH DAY OF MA(RCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 3718/2018 0jii0 [3396] Mi Between; MARAPPA REDDYGARl KUMARA SWAMY REDDY, S/0 NARAYANA REDDY, AGED ABOUT 69 KESAVAYANAGUNTA, TIRUPATHI. YEARS, R/0 19-12-137, ...PETITIONER AND REP. BY ITS PRINCIPAL DEPARTMENT, SECRETARIAT 1. STATE OF ANDHRA PRADESH SECRETARY, ENDOWMENTS BUILDINGS, VELAGAPUDl, GUNTUR DISTRICT. 2.TIRUMALA TIRUPATHI DEVASTHANAMS, REP. BY ITS EXECUTIVE OFFICER, TIRUMALA, TIRUPATHI, CHITTOOR DISTRICT. 3.THE CHIEF VIGILANCE AND SECURITY OFFICER, TIRUMALA TIRUPATHI DEVASTHANAMS,'TIRUPATHI, CHITTOOR DISTRICT. 4 THE DEPUTY EXECUTIVE OFFICER, (SRI GOINDARAJA SWAMY HAVING TEMPLE), TIRUMALA TIRUPATHI DEVASTHANAMS, OFFICE AT G.N.MADA STREET, TIRUPATHI, CHITTOOR DISTRICT. ...RESPONDENT(S); Counsel for the Petitioner; 1.J UGRANARASIMHA Counsel for the Respondent(S); 1.B RAJESHWAR REDDY 2.V.R.N PRASHANTH SC FOR TTD 3.GP FOR ENDOWMENTS (AP) The Court made the following; ORDER; This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; 2 .... a writ of Mandamus, declaring the unilateral action of the 2"^ proceedings bearing Respondent Roc.No.SGT3/166/SriGT/TTD/Tpt/2011, dated 17.3.2016 directing to recover Rs.49,328/- from the pension of the petitioner, as wholly arbitrary. Illegal and serious violation of principles of natural justice in addition to being violative of Articles 14, 21 and 300-A of the Constitution of India and consequently set-aside the said proceedings, directing the respondents to return Rs. 49,328/- with interest and 24percent to the petitioner, from the date of deduction and award exemplary costs towards perpetration of such illegal and arbitrary. ” in issuing 2. Heard Sri J.Ugranarasimha, learned counsel for the Petitioner would submit that, the Petitioner retired as Assistant Executive Engineer in 2006 and thereafter in the year 2018 the Respondent-Authorities deducted an amount of Rs. 15,000/- from his pension for three months amounting to Rs.49,328/- by virtue of proceedings in Roc.No.SGT3/166/SriG.T./Tpt/2011, dated 17.03.2016 for missing of two Chamarams. Learned counsel would further submit that, after ten years of his retirement, the impugned orders were passed without giving any notice to the Petitioner. Learned counsel would further submit that, no explanation has been sought and no enquiry has been conducted and behind the back of the Petitioner, punishment was imposed against the Petitioner. It is further submitted that the Petitioner got issued legal notice to the Respondent-Authorities seeking particulars of the missing of the alleged article. Rejecting his plea, they have issued the proceedings in Roc.No.SGT3/166/Sri G.T/2011, dated 30.09.2016. Learned counsel would further submit that, the impugned order of recovery of Rs.49,328/- from the pension of the Petitioner after lapse of ten years of his retirement, which is utter violation of principles of natural justice. Learned counsel would further the report of the vigilance, they have taken this action, Hence, prayed to allow the petition. submit that, basing on which is behind back of the Petitioner. Sri V.R.N.Prasanth, learned Standing Counsel for T.T.D would submit to the successor of the 3. that the two silver Chamarams were not handed over Petitioner and the Petitioner has not taken any is further submitted that endorsement to that effect. It Respondent No,3 submitted a report duly following issued. Learned Standing the procedure and thereafter recovery orders were Silver Chamarams were not accounted Counsel would submit that, as the two was made basing on the Board Resolution by the Petitioner, the recovery Learned Standing Counsel would finally submit that, the Respondent-Authorities to take further action dated 25.06.2012. opportunity may be given to relating to missing of articles according to law. fair look at the material placed on counsel for the Petitioner, the impugned 4. Considering the submissions and a record, as rightly put by the learned action of recovery of Rs.49,328/- from the pension of the Petitioner was made violation of principles of I of his retirement, which is in gross after ten years natural justice. Despite the Petitioner records, the same was requested to furnish copies of relevant not considered. Surprisingly, in the counter filed by the that the Petitioner got issued a notice at Respondent-Authorities, it was stated the belated stage, which is far from truth. Petitioner, immediately after coming to know about the deduction of Rs.15,000/- from his pension, had positively Department to furnish the details. According to responded and requested the the Petitioner, he has taken charge from his predecessor and handed over the 4 same to his successor, in detail, in office. The copy of invoice also filed prima facie showing the signature of the Treasury people as well as the Petitioner regarding the two Chamarams. Be that as it may, behind the back of the Petitioner, the action was initiated that too after 10 years of his retirement. In that view, the Writ Petition is allowed. Respondent-Authoriti es directed to refund the amount of Rs.49,328/- to the Petitioner as expeditiously as possible, preferably within a period of one month from the date of receipt of copy of this Order. However, it does not preclude the Respondent-Authorities to take appropriate decision regarding the alleged missing of Chamarams according to governing Rules and Law by observing the principles of Natural Justice. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand 5. are closed. Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR '^ectMn officer //TRUE COPY// To, 1. The Principal Secretary, Endowments Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The Executive Officer, Tirumala Tirupathi Devasthanams, Tirumala, Tirupathi, Chittoor District. 3. The Chief Vigilance and Security Officer, Tirumala Tirupathi Devasthanams, Tirupathi, Chittoor District. 4. The Deputy Executive Officer, (Sri Goindaraja Swamy Temple), Tirumala Tirupathi Devasthanams, Having office at G.N.Mada Street, Tirupathi, Chittoor District. 5. One CC to Sri J. Ugranarasimha, Advocate [OPUC] 6. One CC to Sri V.R.N. Prasanth, SC for TTD[OPUC] 7. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. ssb * HIGH COURT DATED:11/03/2025 ORDER WP.No.3718 of 2018 ALLOWING THE W.P. WITHOUT COSTS