APHC010054152012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18987/2012 Between: Dasari Venkata Ramana ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G CHANDRA SHAKHAR RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. G ELISHA( SC FOR ZPP/ MPP ANDHRA AREA) The Court made the following Order: The petitioner is challenging the proceedings dated 19.06.2012, whereby the respondents demanded an amount of Rs.78,257/-, as the amount payable by the petitioner towards the alleged misappropriation. 2. The petitioner was working as a filed assistant and is said to have committed irregularities, which resulted in the misappropriation of an amount of Rs.1,56,515/-. A show-cause notice was issued to the petitioner, calling upon the petitioner to pay an amount of Rs.78,257/-. HN, J W.P.No.18987_2012 2 3. This Court, vide order dated 26.06.2012, granted a stay of the recovery proceedings instituted against the petitioner by the impugned proceedings dated 19.06.2012, pending further orders. The interim order granted by the Court was made absolute on 20.02.2015. 4. The learned Standing counsel for the respondents submits that the petitioner, while working as a filed assistant, resorted to prepare the binami musters and misappropriated amounts. Musters were prepared in the names of workmen who never rendered any service and musters were prepared in the names of minors. As such, it was found that the petitioner has misappropriated an amount of Rs.78,257/-. 5. The grievance of the petitioner is that the respondents issued the impugned show-cause notice demanding an amount of Rs.78,257/- without conducting any enquiry. It is not the case of the respondents that a proper show-cause notice was issued to the petitioner, calling upon submission of an explanation or conducting any enquiry. 6. The impugned proceedings would indicate that the respondents have already determined the alleged misappropriation HN, J W.P.No.18987_2012 3 and have, as such, issued directions to the petitioner to pay the amount as called for in the proceedings dated 19.06.2012. It is evident that the impugned proceedings were passed without conducting any enquiry. As such, this Court had stayed the unilateral recovery of the said proceedings. 7. The impugned proceedings are hereby set aside, leaving it open to the respondents to take steps by following the due process of law and conducting a proper enquiry before taking steps for recovery. 8. With these observations, the writ petition is allowed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 20.01.2025 NKA HN, J W.P.No.18987_2012 4 17 HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.18987 of 2012 Date: 20.01.2025 NKA