APHC010432532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22526 OF 2025 Between: A Ramakrishna Rao, S/o.. Late A. Narayana, aged 72 years, Retired as Executive Engineer, (R and B) Department, residing at H.No. 70-2-115, Ramanayya Peta, Nookalamma Temple Street, Kakinada - 533005. ...Petitioner AND 1. The State of Andhra Pradesh, represented by its Principal Secretary to Govt., Transport, Roads and Buildings Department, 1st Floor, 5th Block, AP Secretariat, Velagapudi. 2. The Engineer-in-Chief, Roads and Buildings Department. Administration, MG Road, Vijayawada. ...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 declaring the impugned orders issued in G.O.Rt.No.114, TR & B (Vig.R&B) Dept., dated 13-03-2025 issued by the 1®‘ respondent inflicting the punishment of 5 percentage cut in pension for a period of one year against the petitioner herein, for the incident related to 2010, which is beyond 4 years of the incident is contrary to Rule 9(2)(b)(ii) of A.P. Revised Pension Rules, as illegal, arbitrary, contrary to law declared by the Hon'ble Apex Court in State of U.P. and another vs. Shri Krishna Pandey (1996) 9 SCC 395 and quash the same in terms of the similar orders passed by a Division Bench of this Honble Court in W.P.No.25587/2018 and Batch, dated 15-11-2018 and W.A.No.453 of 2021 and batch dated 16-9-2021, and in W.P.No.6933 of 2025 dated 20-03-2025 and in W.P. 11685 of 2025 dated 05-05-2025. 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 suspend the impugned orders issued in G.O.Rt.No.114, TR & B (Vig.R&B) Department dt. 13-03-2025 pending disposal of the above writ petition. Counsel for the Petitioner: SRI SARMA C V S S Counsel for the Respondents: GP FOR SERVICES II The Court made the following Order: 1 APHC010432532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) • I [3460] THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22526/2025 Between; ...PETITIONER A Ramakrishna Rao AND ...RESPONDENT(S) The Stat^ Of Ap and Others Counsel for the Petitioner: l.vSARMAC VS S Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following: 2 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22526/2025 ORDER; The present Writ Petition is filed questioning the punishment imposed vide G.O.Rt.No.114, TR & B (Vig.R&B) Department dated 13.03.2025, inflicting a 5% cut in pension for a period of one year. The facts leading to filing of the present Writ Petition are as 2. follows: The Petitioner had joined the department as Joint Executive Engineer on 05.05.1977 through A.P.P.S.C. After the service of more than 34 years, the Petitioner had retired from service as Executive Engineer in R & B on 31.07.2011. While so, a Charge Memorandum was issued to the Petitioner 3. on 23.08.2017 vide G.O.Rt.No.293, dated 23.08.2017, whereunder two Articles of Charges were framed against the Petitioner. The Articles of Charges read as under: “That the said Sri A. Ramakrishna Rao, EE ( R&B) NH Division, Kakinada (now Rtd.) while working as EE (R&B) NH Division, Kakinada has failed to impose liquidated damages for delay in execution of work while proposing 1 St 3 extension of time in respect of "Construction of Major Bridge across Vynatheya Branch of River Godavari at KM 105.00 of Kathipudi - Pamarru road of NH - 214" taken up by R&B Dept., in E.G. District. He failed to safeguard the interests of the Government. This amounts to dereliction of duties. Thus, he has violated Para 25 of APPW 'D' Code and Rule 3(1) of ARCS (Conduct) Rules, 1964. “That the said Sri. A. Ramakrishna Rao, while working as EE(R&B) NH Division, Kakinada has recommended payment for substandard work i.e., Cement Concrete (M.35 grade), liable for rejection in respect of the work of "Construction of Major Bridge across Vynatheya Branch of River Godavari at KM 105.00 of Kathipudi-Pamarru road of NH-214” taken up by R&B Department in E.G. District rejected work is Rs.4,66,558/-. He failed to get the above work executed as of per specifications and agreement conditions. This amounts to dereliction of duties. Thus, he has violated para 25 of APPW “D” code and Rule 3 (1) of ARCS (Conduct) Rules, 1964". 4. Consequent to the enquiry, the Petitioner was imposed a punishment as mentioned above. Hence, the present Writ Petition. The only ground urged by the Petitioner is that the impugned Charge Memorandum is contrary to Rule 9 (2) (b) (ii) of the A.P. Revised Pension Rules, which provides an outer limit of 4 years from the date of incident/retirement as the period of limitation within which the Charge Memorandum can be issued. In this case, the Petitioner 5. 4 had retired from service on 31.07.2011 and Charge Memorandum was issued on 23.08.2017, i.e., more than 6 years from the date of retirement. The Rule 9 (2) (b) of A.P. Revision Pension Rules reads as 6. under; The Departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re employment: (i) shall not be instituted save with the sanction of the Government; (ii) shall not be in respect of any event which took place more than four years before such institution". The above provision makes it mandatory that Charge 7. Memorandum cannot be issued beyond the period of 4 years from the date of retirement of the Petitioner. In that view, the issuance of the Charge Memorandum itself is barred by time as the Petitioner and the impugned had retired from service on 31.07.2011 Proceedings dated 13.03.2025 are hereby quashed. 8. Accordingly, the Writ Petition is allowed and the Proceedings dated 13.03.2025 issued by Respondent No.1 are quashed. There shall be no order as to costs. % 5 As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, \ 1. The Principal Secretary to Govt., Transport, Roads and Buildings Department, 1st Floor, 5th Block, AP Secretariat, Velagapudi. 2. The Engineer-in-Chief, Roads and Buildings Department. Administration, MG Road, Vijayawada. 3. One CC to Sri SARMA C V S S, Advocate [OPUC] 4. Two CCs to GP for SERVICES II, High Court of Andhra Pradesh [OUT] 5. Two CD Copies VNA » HIGH COURT DATED:18/09/2025 ORDER WP NO. 22526 OF 2025 ff'. o g( 2 8 OCT 2025 C? • n--. <f3 ALLOWING THE WRIT PETITION WITHOUT COSTS