APHC010009692026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 852/2026 Between: 1. A RAMA MOHANA RAO, S/O A.VENKATESWARARAO, AGED ABOUT 67 YEARS, 2ND GRADE MUNICIPAL COMMISSIONER (RETIRED), R/O NALLA VANI STREET, LALBAHADURN AGAR, JNTU KAKINADA OPPOSIT, KAKINADA 533003. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (VIG,LL) DEPARTMENT, VELAGAPUDI-GUNTUR DIST522237. 2. COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, VADDESWARAM, MANGALAGIRI, GUNTUR DISTRICT-522501 ...RESPONDENT(S): 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 topleased to issue a Writ, order or direction more particularly one .in the nature of Writ of Mandamus declaring the action of the respondents issuing the -l charge memo Vide G.O.RT No. 588 dated 17.06.2025 against the petitioner is as illegal, arbitrary, contrary to law, Violation of principles of natural justice, without jurisdiction, violation of Article 14, 16 and 21 of constitution of India and contrary to the rule -9, 2(b) II of A.P.Revised pension p. 2 Rues-1980 and consequently quash charges framed against the petitioner vide G.O. Rt. No. 588 dated 17.06.2025 of the 1St respondent and pass IA NO: 1 OF 2026 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 pleased to stay the operation of the G.O. Rt. No. 588 dated 17.6.2025 of the 1st respondent and pass Counsel for the Petitioner: 1. T V V KOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: p. 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 852/2026 ORDER:- The present Writ Petition is filed questioning the action of Respondents in initiating disciplinary proceedings against the Petitioner, who retired from service, after a lapse of 7 (seven) years, as illegal and arbitrary and to quash the departmental enquiry initiated by Respondent No.1 against the Petitioner vide G.O.Rt.No.588, Municipal Administration & Urban Development (Vig.II) Department, dated 17.06.2025. 2. 2. The Petitioner initially appointed as Health Assessment Officer and subsequently promoted as Sanitary Inspector in the year 2007, as Municipal Commissioner Grade-III in the year 2013 and lastly as Municipal Commissioner. The petitioner retired from service on 31.12.2018, on attaining the age of superannuation. 3. While so, the impugned charge-memorandum under Rule 20 of A.P.C.S (CCA) Rules, 1991 was issued on 17.06.2025 vide G.O.Rt.No.588, Municipal Administration & Urban Development (Vig.II) Department, with regard to misconduct pertaining to his tenure as Municipal Commissioner, Palakole Municipality, during his tenure from 15.07.2017 to 31.12.2018. Hence, this writ petition. 4. The challenge to the impugned charge memorandum is that it is contrary to Rule 9(2)(b) of Andhra Pradesh Revised Pension Rules, 1980. Page 4 of 6 5. Sri S. Raju, learned Assistant Government Pleader would submit that the Petitioner was issued the impugned proceedings taking note of the fact that he had committed an act of misconduct. 6. Heard the respective counsel. 7. The three Articles of Charge against the Petitioner reads as under: “That Sri A.Ram Mohan Rao the then Municipal Commissioner (Retd.). Palacole Municipality during his tenure from 15.07.2017 to 31.12.2018 Palacole Municipality have proposed certain works for the years 2016-17, 2017-18 & 2018-19 years under SC Sub plan grant. Out of 169 works 103 works were only executed. Out of 103 executed works 42 works were sanctioned and executed in the habitations, in which the total population of SC and ST or combination of both was less than 40% of total population of the habitations, which is violation of G.O.Ms.No.23, Tribal Welfare (TSP) Department, dated 28.04.2015. That Sri A.Ram Mohan Rao, the then Municipal Commissioner (Retd.), Palacole has filled to appraise the Rule position and put up such proposals for sanction before the Municipal Council and got approval tor 42 ineligible works to a tune of Rs.1271.80 lakhs. For the above mentioned commissions and omissions, he had exhibited lack of integrity, devotion to duty, conduct and unbecoming of a member of service and thereby contravened Rule 3 of A.P.C.S (Conduct) Rules, 1964.” 8. The articles of charges pertain to the tenure of petitioner as Palakole Municipal Commissioner during his tenure from 15.07.2017 to 31.12.2018. As per Rule 9(2)(b) of Andhra Pradesh Revised Pension Rules, 1980, no disciplinary case can be initiated against a retired employee, with regard to p. 5 event which is four (4) years prior to the institution of disciplinary proceedings. The prescription of limitation of four (4) years is with reference to the date of incident/event which lead to initiation of departmental enquiry. The Rule 9(2)(b)(i)(ii) of Andhra Pradesh Revised Pension Rules reads as under: “(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 sanction of Government. (ii) shall not be in respect of any event which took place more than 4 years before such institution.” 9. In view of the above, the charge-memorandum issued on 17.06.2025 is beyond the four (4) years period, as prescribed under Rule 9(2)(b)(ii) of Andhra Pradesh Revised Pension Rules, 1980. 10. Accordingly, the Writ Petition is allowed quashing the charge memorandum issued vide G.O.Rt.No.588, Municipal Administration & Urban Development (Vig.II) Department, dated 17.06.2025. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE NYAPATHY VIJAY Date: 08.01.2026 TVN p. 6 89 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.852 OF 2026 Date: 08.01.2026 TVN