APHC010664762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 34306/2025 Between: K Yugandhar ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V ESWARAIAH CHOWDARY Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.34306 of 2025 O R DE R: 1. The Writ Petition is filed questioning the action of the Respondents in not paying the retirement benefits to the Petitioner, though the criminal case registered against the Petitioner was quashed by this Court, and the Petitioner had been exonerated of the charges leveled against him as illegal and arbitrary. 2. The facts leading to filing of the Writ Petition are as follows: The petitioner had joined the service as Constable in the Armed Reserve Police on 17.12.1984, and in due course of time, he was promoted as Head Constable and thereafter as A.P.S.I. On attaining the age of superannuation, the Petitioner retired from service on 28.02.2025 after serving 39 years of service. Prior to the retirement of the Petitioner, a Criminal Case was registered for the offense punishable under Sections 420 and 406 of the Indian Penal Code in Cr. No. 27 of 2023 on the file of Vedayalapalem PS, Nellore. In the said crime, the Petitioner was shown as Accused No. 2. Questioning the same, the Petitioner filed Criminal Petition 5532 of 2024 before this Court, and this 3 Court, after examining the record, vide Order dated 21.10.2024, held that specific allegations are attributed against A.1 only and no specific allegations are made against the Petitioner/A.2, and in that context, the criminal case was quashed against the Petitioner. 3. After registration of the crime against the petitioner, the respondent department had initiated a departmental enquiry against the petitioner on the same allegations shown in the criminal case, and an enquiry report was submitted on 04.02.2025 by the Enquiry Officer after due compliance with the procedures, holding that the charges leveled against the petitioner are not proved. However, no further action was taken by the Disciplinary Authority on the Enquiry Report. 4. The grievance of the Petitioner is that in view of the quashing of the criminal case and the enquiry report holding that charges leveled against the Petitioner are not proved, withholding of the retirement benefits of the Petitioner is wholly unwarranted. 5. The learned Assistant Government Pleader would submit that the Disciplinary Authority shall take an appropriate decision on the Enquiry Report, and it is not axiomatic for the Disciplinary 4 Authority to accept the Enquiry Report, and for valid reasons, the Disciplinary Authority can dissent from the Enquiry Report and take further action thereon. 6. Heard the respective counsel. 7. In the criminal case referred to above, the petitioner was shown as Accused No. 2. Questioning the same, the Petitioner filed Crl.P.No.5532 of 2024 for quashing the said crime. This Court after examining the record and after hearing both sides, quashed the criminal case registered against the petitioner, noting that the allegations are solely attributed to the accused No. 1 only and no allegations were attributed against the petitioner. Paragraph Nos. 4 and 6 of the said Judgment read as under: “4. Perused the statement of the complainant recorded under Section 161 Cr.P.C. All the allegations were made against the accused/A1 that he cheated the defacto-complainant. No specific overt act was made against the present petitioner/A2 to attract the offence punishable under Sections 420 and 406 I.P.C. No allegations that he received money and misappropriated the same. Therefore, this Court of the considered opinion that continuance of proceedings in F.I.R.No.27 of 2023 of Vedayapalem Police Station of SPSR Nellore District against the present petitioner is abuse of the process, in the light of following judgments of Hon’ble Apex Court: 1. State of Haryana and Others Vs CH.Bhajan Lal 2. M/s.Neeharika Infrastructure Private Limited Vs. State of Maharastra and Others. 5 5. In that view of the matter, this Court is of the considered opinion that it is a fit case to invoke Section 482 of Cr.P.C. to quash the proceedings against the petitioner/A2 vide F.I.R.No.27 of 2023 of Vedayapalem Police Station of SPSR Nellore District. 6. Accordingly, the petition is allowed and proceedings against present petitioner/A2 only is quashed”. 8. On the same allegation, the department initiated a departmental Enquiry, and an Enquiry Report dated 04.02.2025 was submitted by the Enquiry Officer holding that the allegations leveled against the petitioner are not proved. Though the Disciplinary Authority is entitled to dissent with the Enquiry Report for valid reasons, the same has to be done in a reasonable period considering that the Petitioner had retired from service on 28.02.2025. 9. In that view, the Writ Petition is disposed of with the following directions: i) The Disciplinary Authority shall take further action on the Enquiry Report dated 04.02.2025 within a period of three months from the date of receipt of a copy of the Order. ii) In the event the respondent authorities fail to take action on the enquiry report within the time fixed by this court, the 6 respondents are directed to release the retirement benefits due to the petitioner without further reference to this court. iii) There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed __________________ NYAPATHY VIJAY, J Date: 09.12.2025 eha 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 34306/2025 Dt. 09.12.2025 eha