1 APHC010574902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 29913/2025 Between: D V Subbarao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. RAVI CHANDRA BANDLAMUDI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 29913 OF 2025 O R D E R:- This Writ petition is filed questioning the Charge Memorandum and the punishment imposed on the Petitioner vide G.O.Rt.No.391, Revenue (Vig.III) Department, dated 26.05.2022, and G.O.Ms.No.34, Revenue (Vig.III) Department, dated 03.02.2025 as illegal and arbitrary and beyond time frame. 2. The Petitioner had retired from the services on 30-06-2017 as Tahsildar, Bhattiprolu Mandal, Guntur District. On 26-05-2022, a Charge Memorandum was issued under Rule-20 of the Andhra Pradesh Civil Services (Conduct) Rules, 1964, vide G.O.Rt.No.391, Revenue (Vig.III) Department, dated 26.05.2022. The solitary Article of Charge framed against the Petitioner is as follows: “That the G.S while working as Tahsildar, Edlapadu Mandal, Guntur District actuated with corrupt motive and in abuse of official position, demanded and accepted bribe of Rs.3,000/- on 30-06-2011 at 9:25 PM as illegal gratification other than legal remuneration from Sri Tadiboina Srinivasa Rao for doing official favour i.e., to issue a Certificate confirming that the land in Survey No.99/1 to an extent of Ac. 0.9 cents of Kondaveedu Village, Edlapadu Mandal, Guntur district was classified as Gramakantam land and is not assigned land” . 3 3. Pursuant thereto, an enquiry was conducted and the impugned Order of punishment was passed vide G.O.Ms.No.34, dated 03.02.2025, imposing a penalty of „withholding of entire gratuity‟ from the petitioner. Questioning the same, the present petition is filed. 4. As per Rule 9 (2)(b) of the Andhra Pradesh Revision Pension Rules, 1980, the disciplinary enquiry can be initiated within 04 years from the date of the incident. Rule 9 (2) (b) of the A.P. Revision Pension Rules, 1980, reads as under: 9. Right of Government to withhold or withdraw pension : (2) (b) 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; (iii) shall be conducted by such authority and in such place as the State Government may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Government Servant during his service. 5. As per the above provision, no enquiry can be initiated against a retired employee with reference to the incident which is four years prior to the date of issuance of the Charge Memorandum. In the present case, 4 the Charge Memorandum was issued on 26-05-2022 with reference to an incident occurred on 30-06-2011. There is a delay of 11 years in issuing the Charge Memorandum to the Petitioner from the date of incident and even going by the date of retirement, there is a delay of 5 years in issuing the Charge Memorandum. In either way, the impugned Charge Memorandum issued vide G.O.Rt.No.391, Revenue (Vig.III) Department, dated 26.05.2022 and the consequential punishment imposed on the Petitioner vide G.O.Ms.No.34, Revenue (Vig.III) Department, dated 03.02.2025, cannot be sustained. 6. Accordingly, the Writ Petition is Allowed with the following directions:- 1. G.O.Rt.No.391, Revenue (Vig.III) Department, dated 26.05.2022, is hereby set-aside, and consequently G.O.Ms.No.34, Revenue (Vig.III) Department, dated 03.02.2025, is also set aside, 2. The Respondent Authorities are directed to release the gratuity amount, commutation and other retiremental benefits due to the Petitioner within a period of 03 months from the date of receipt of a copy of this order. 3. There shall be no order as to costs. 5 As a sequel thereto, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 31.10.2025 eha 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 29913 OF 2025 Dt.31.10.2025 eha