I APHC010676842012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS i. TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28364 OF 2012 Between: 1. Sri P. Maqbool, S/o. Dasthagiri, aged 44 Years, Occ: Watchman, AP. State Housing Corporation Ltd., Production Center,Proddatur, Kadapa District. 2. Sri T. Narasimhulu, S/o. T. Chinnaiah, aged 45 Years, Occ: Watchman, AP. State Housing Corporation Ltd., Production Center, Muddanur, Kadapa District. ...Petitioners AND 1. The A P State Housing Corporation Ltd Urdhugally, Street.No.17, Himayath Nagar, Hyderabad, Rep.by its Managing Director. 2. The District Collector/ Executive Director AP State, Housing Corporation Ltd., Kadapa, YSR District. 3. The Project Director, AP. State Housing Corporation Ltd., Kadapa, YSR District. ...Respondents 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 action of the respondents in not releasing the petitioners salaries for the suspension period i.e., from 05-08-2010 to r 07.06.2012, in spite of final enquiry report revealed against Sri J.V.Subbaiah, NTWI/MIC(H), Rajampet vide Ref.A/1458/2011, dated 26-09-2011, charges proved against Sri J.V.Subbaiah, NTWI/MIC(H), petitioners suspension revoked as per directions of this Honorable Court by order dated 17-04-2012 in WP.No.10819 of 2012, in spite of petitioners representations dated 07.08.2012 and 09-08-2012 requesting the respondents to release the salaries of the petitioners from 05-08-2010 to 07.06.2012, as illegal, arbitrary, unjust, in gross violation of the principles of natural justice and also in violation of Article 14 and 16 of the constitution of India and consequently direct the respondents to release the petitioners salaries for the period i.e., from 05-08- 2010 to 07.06.2012 forthwith with all consequential benefits or other wise Petitioners will suffer serious loss and great hardship. r lA NO: 1 OF 2012(WPMP 36153 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant interim directions directing the respondents to consider and dispose of the representations dated 07.08. 2012 and 09.08.2012 by releasing the salaries to the petitioners forthwith, pending disposal of the Writ Petition. Counsel for the Petitioners: SRI CHALLA SIVASANKAR Counsel for the Respondents : SRI E. V. JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) The Court made the following order: APHC010676842012 IN THE HIGH COURT OF ANDHRA PRADESH ™ AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE [3457] 7 •A-;? PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28364/2012 Between; Sri P. Maqbool, and Others ...PETITIONER(S) AND The A P State Housing Corporation Ltd Urdhugally and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.CHALLAS1VASANKAR Counsel for the Respondent(S): 1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) The Court made the following Order: There is no representation for the respondents today. The learned counsel appearing for the petitioners submits 2. that the petitioners were working as Watchmen in the respondent Corporation and that there was an allegation of misappropriation of the construction material (bricks) belonging to the respondent Corporation. An enquiry was initiated against the petitioners and the Assistant Engineer. 2 The present writ petition is filed seeking revocation of the orders of suspension and for release of the petitioners’ salaries for 3. the period from 05.08.2010 from 07.06.2012. The respondent, in their counter-affidavit, submits that the petitioners colluded with the Assistant Engineer and misappropriated sand, cement and bricks costing Rs.82,313/-. The enquiry report dated 30.10.2010 is inconclusive, and the Special Officer merely presumed the responsibility of the petitioners along with the Assistant Engineer. Basing on such an enquiry report, the respondents have continued the suspension of the petitioners. 4. 5. Pursuant to the directions of this Court in W.P.No.5580 of 2012, the Revenue Divisional Officer(RDO) addressed a letter to the District Coilector/Executive Director of the respondent Corporation dated 26.09.2011 and informed them the details of payments received towards the misappropriated constructions material. The findings of the RDO, Rajampet, indicate that the amount of Rs.82,313/- was repaid by the Watchmen had been used merely for shelter during the relevant dates of the suspension. It is beyond the financial capacity of the Watchmen to repay such amounts. The charge was ultimately held to be proved only against the Assistant Engineer. r 3 The enquiry report and the subsequent proceedings of the RDO do not indicate that the respondents conducted a fair enquiry by giving adequate opportunities to the petitioners to participate in the proceedings or to adduce evidence on their behalf, absence of such procedure, the unilateral assumption of the involvement of the petitioners in the misappropriation cannot be 6. In the sustained. 7. In view of the same, this Court finds it appropriate to direct the respondents to release the petitioners from suspension and pay the withheld salary after verifying the service details of the petitioners. The respondents shall comply the orders of this Court within four (04) weeks from the date of the said order. 8. Accordingly, the writ petition is partly allowed. There shall be no order as to costs. Pending miscellaneous petitions, if any,^shall stand closed. Sd/-B.PRASADA RAO assistant registrar //TRUE COPY// section officer To, 1. The Managing Director, A. Vijayawada. 2. The District Collector/ Executive Director AP State, Housing Corporation Ltd., Kadapa, YSR District. 3. The Project Director, YSR District. 4. One CC to Sri Challa Sivasankar, Advocate [OPUC] 5. One CC to Sri E. V. Jagannadha Rao, (SC for AP State Houseing Coop Ltd) [OPUCJ 6. Two CD Copies Cnr P. State Housing Corporation Ltd AP. State Housing Corporation Ltd., Kadapa, HIGH COURT DATED: 18/02/2025 ORDER WP NO. 28364 OF 2012 ^ I« SEP 2025 jf') Stctkio^’V^ PARTLY ALLOWING THE W.P. WITHOUT COSTS