L OAPHC010497162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0? TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26223 OF 2025 ^ Between: S. N. S. V. N. Murthy, S/o S.A.B.S.S.Gupta, aged about 65 years, Retired R/o H.NO.31-4-10/F1. STO O/o District Treasury Officer, Kakinada, Rangaiahnaidu Street, Doodalavari Lane, Kakinada, Kakinada District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Finance and Planning Department, Amaravathi, Guntur District, AP. 2. The Director of Treasuries and Accounts, Mangalagir, Amaravathi, Guntur District,AP. 3. The District Treasury and Accounts Officer, District Treasury Office, Kakinada, Kakinada District, AP. Velagapudi, Secretariat Buildings, ...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 Writ Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the 2 nd respondent in not taking any action in to the Letter Rc. AI/1136/2024 dt. 3.6.2024 and Letterpursuance Rc. No. 1/1136/2024, dt.3.10.2024 of the 3rd respondent is illegal, arbitrary I and further directing the 2"'’ respondent to release the full pension, gratuity, commutation and leave encashment in view of the exoneration of Criminal Case in CC No. 5/2018 and in view of the punishment imposed by the 2 respondent for stoppage of one increment with cumulative effect vide Proc. No.G3/K(l)3/14872/2011-3, dt.29.4.2016 along with 18 percent interest from the due to the date of realization. / • nd lA NO: 1 OF 2025 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 to direct the 1®* respondent to forthwith release the full pension, gratuity commutation and leave encashment in terms of the recommendation respondents dt.3.6.2024 and 3.10.2024, pending disposal of the writ petition. made by the 2nd final Counsel for the Petitioner; SRi P. RAGHAVENDRA REDDY Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES I The Court made the following: 1 APHC010497162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26223/2025 Between; S N S V N Murthy ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: 1.P RAGHAVENDRA REDDY Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: ...RESPONDENT(S) 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY W.P. No,26223 of ■..-.vf / ORDER: The present Writ Petition is filed to declare the action of the Respondent No.2 in not taking any action in pursuance to the Letter Rc.AI/1136/2024, dated 03.10.2024 of the Respondent arbitrary. No.3 as illegal and 2. The petitioner, while working Sub Treasury Office, Rajamahendravaram Rampachodavaram as a senior accountant at the Divisional was deputed to work at 01.04.2010 31.08.2010,While so. certain allegations were leveled against the Petitioner connection with irregular drawls of contingent expenditure. East Godavari District from to in 3. After a detailed inquiry, a charge sheet was issued and inquiry was conducted. Pursuant thereto, the Petitioner a departmental was imposed a punishment of stoppage of one annual grade increment with cumulative effect on pension vide Order dated 29.04.2016. 4. Parallelly, a criminal case was registered against the petitioner for the allied acts in Cr. No. 4 of 2014 before the Ramapachodavaram Police Station, was taken cognizance of by the Judicial Magistrate of First m, and numbered as C.C.No.5 of 2018. After a The said case Class, Raniachachodavara 3 thorough trial, the trial Courbhad acquitted the petitioner vide judgment dated 15.12.2023. The relevant portion of the Order is extracted hereunder: ' In the result, the Accused Nos. 1 to 4, 8, 13,16,17 and 20 are found not guilty for the offence under Sections 409, 420, 468 and 477-A r/w 109 and 120-B of the Indian Penal Code. Accordingly, they are acquitted under Section 248(1) Cr.P.C. The Bail Bonds of the Accused, if any, shall stand cancelled after expiry of six months. The unmarked property if any shall be destroyed after expiry of appeal period’. During the pendency of the criminal case, the petitioner had retired from service on 30.06.2020. In view of the pendency of the criminal case, the 5. retirement benefits were not sanctioned to the petitioner. In the light of the acquittal in the criminal case, the Petitioner submitted a representation dated 22.05.2024 to the Respondent No. 3 for release of the retirement benefits, including gratuity, commutation, leave encashment, etc. The District Treasury and Accounts Officer, vide Letter dated 3.10.2024, submitted a proposal for sanction of SGP scale to the Petitioner, taking note of the Orders passed in the disciplinary enquiry as well as the Judgment in the Criminal Case. In the light of the acquittal in the criminal case, there is no bar 6. to processing the retirement benefits of the petitioner. Accordingly, the Writ Petition is disposed of at the stage of admission 7. with the following directions: 4 i) The Respondent Authorities are directed to examine the representation of the Petitioner dated 22.05.2024 and sanction and release the retirement benefits as admissible to the Petitioner within a period of two months from the date of receipt of a copy of this Order. ii) There shall be no order as to costs. As a sequel, the miscellaneous Petitions, if any, shall stand closed. Sd/- SRI T. SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Velagapudi, Secretariat Buildings, Amaravathi, Guntur District, AP. 2. The Director of Treasuries and Accounts, Mangalagir, Amaravathi, Guntur District, AP. 3. The District Treasury and Accounts Officer, District Treasury Office, Kakinada, Kakinada District, AP. 4. One CC to Sri P. Raghavendra Reddy, Advocate [OPUC] 5. Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] 6. Two CD Copies. ssb ! HIGH COURT DATED:23/09/2025 ORDER WP No. 26223 OF 2025 fin OCT 2025 1'“ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS