IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 10577 OF 2019 Between: I [C Rangfeswamy Setty, S/o.Yellaih Setty, aged about 68 years. Retd.employee (Dismissed from service) R/o.H.No.4-10,Gollapudi, Near Ayyappa Swamv Temple, Vijayawada, Krishna District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Ehdowments Department A.P. Secretariat Buildings, Velagapudi Amaravathi, Guntur District. ■ 2. The Commissioner of Endowments, Govt, of A.P., Endowments Department. Bhavanipuram.^ijayawada, Krishna District. 3. The Deputy Commissioner, Endowments Department Guntur., A.P Durga Malleswara Swamy Varla Devastanam, Indrakeeladri Vijayawada, Krishna District. Rep. by its Executive Officer ...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 particularly in the nature of Writ of MANDAMUS declaring the 27904A/ig.1V(1)/2004-4 dated 20-04-2018 passed by the 2nd respondent herein is arbitrary, illegal, capricious and violative of CCCA Rules conseguently, set aside the same by directing the respondents to consider the case of the petitioner to extent the service benefits as per law Counsel f^r the Petitioner: SRI SAI GANGADHAR CHAMARTY may more memo and Counsel for the Respondents No.1 to 3: GP FOR ENDOWMENTS Counsel for the Respondent No.4: KOTESWARA RAO KAPPERA SC For Endowments The Court made the following: Order ■ ' ■r» IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI / FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT TH^ HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No.10577 OF 2019 Between: K.RANGASWAMY SETTY ...PETITIONER AND ...RESPONDENT(S): SJ/)JE OF ANDHRA PRADESH & OTHERS Counsel for the Petitioner: SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): KAPPERA KOTESWARA RAO, STANDING COUSNEL FOR ENDOWMENTS The court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; a writ of Mandamus, declaring the memo 27904A/ig.lV(1)/2004- 4, dated 20.04.2018 passed by Respondent No. 2 herein as arbitrary, illegal and violative of CCCA Rules and consequently to set aside the Same by directing the Respondetns to consider the case of the Petitioner to the extent of service benefits as per law. ” Heard Sri Sai Gangadhar Chamarty, learned counsel for the Petitioner and Sri kappera Koteswara Rao, learned Standing Counsel for Endowments. Learned counsel for the Petitioner would submit that the Petitioner was placed under suspension under the charge of misappropriation of funds of I Respondent No.4- temple and departmental enquiry was also initiated against the Petitioner. Subsequently, the Petitioner repaid the said amount. Based 2. 3. 2 on the report submitted by Respondent No penalty of dismissal from also dismissed. Petitioner on the -4, the Petitioner was imposed with service. The appeal preferred by the Petitioner Respondent No.4 also filed was private complaint against the was acquitted from Learned counsel would from the criminal in the departmental same set of charges and the Petitioner the alleged charges in Crl.A.Nos.176 to189 of 2007 further submit that, in viview of the acquittal of the Petitioner cases, a lenient view may be taken against the Petitioner proceedings. 4. Per contra, /earned Standing Counsel submit that, the Petitioner misappropriation of temple funds, submit that, acquittal of the automatically entitle him to contentions raised by the Petitioner for Respondent-Temple e allegati^” would was removed from service on the » ‘w*l i Ui Leaned Standing Counsel would further Petitioner from the criminal cases does not be free from the departmental enquiry. The Hence, prayed for are not tenable. dismissal of the petition. 5. considering the submissions made and a fair look at the material place on record, admittedly, the Petitioner was terminated from the service on the allegation of misappropriation of funds of Respondent-temple. The Order of the Disciplinary Authority was also confirmed Petitioner. Further, the cri in acquittal in Crl.A.Nos.176 to189 conviction passed by the trial Court, departmental enquiry is “preponderance of probabilities”. in the Appeal preferred by the criminal case lodged against the Petitioner was ended of 2007 by reversing the judgment of The standard of proof required in the wherein the criminal 3 case, it is “proof beyond all reasonable doubt”. Furthermore, the acquittal from the criminal case is not an honoured acquittal and the witnesses exam ped in the Departmental Proceedings and the criminal case, are not one and the same. In such circumstances, simply because the Petitioner repaid the misappropriate amount and that the criminal case lodged against him was ended in acquittal, he cannot be set free from the Disciplinary proceedings, i Scope of this Court to interfere in the departmental enquiry is limited. Unless it shown that the material facts were ignored by the Authorities or that their findings are perverse or that the punishment imposed is disproportionate to the alleged misconduct, no interference of this Court is required, contentions raised by the Petitioner are not tenable and the present petition has no jtnerit. Hence, the same is liable to be dismissed. The 6. In the result, thd'Writ Pbtition is dismissed. There shall be no order as to costs. Ap a sequel thereto, miscellaneous petitions, if any, pending shall stand Sd/- N NAGAMMA ASSISTANT REGIStRAR SECtl^ OFFICER closed. //TRUE COPY// To GANGADHAR CHAMARTY Advocate [OPUC] endowments. High Court of Andhra Pradesh KAPPERA sc For 1. One CC to SRI SAl 2 Two CCs to GP FOR [OUT] 3. One CC to SRI Endowments Advocate [OPUC] KOTESWARA RAO 4. Three CD Copies gsg HIGH COURT DATED: 21/03/2025 \ ORDER WP.No.10577 of 2019 OfANoS^^ g 2 2 SEP 2025 Current beciion ^ m> DISMISSING THE WP WITHOUT COSTS