APHC010305292024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 15475/2024 Between: 1. V S S V RAMA RAO, S/O ARAVALA RAO, AGED 58 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, IN RWS AND S DEPARTMENT RAMPACHODAVARAM (RWS AND SUB- DIVISION) R/O H.NO. 12-120, MOTUPALLIVARI STREET, MADIVADA, AKIVEEDU MANDAL, WEST GODAVARI. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS SPL.CHIEF SECRETARY, PR AND RD DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE ENGINEERINCHIEF, RURAL WATER SUPPLY AND SANITATION DEPARTENT, (RWS AND S) GOLLAPUDI, VIJAYAWADA, NTR DISTRICT. ...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 to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declare the impugned Punishment Order issued vide G.O.Rt.No.79 Panchayat Raj and Rural Development (VIG.VI) Department, dated-23-01-2024 issued by the 1st respondent no.4 imposing punishment only against the petitioner and dropping the 2 same proceedings against others in a common departmental enquiry, as illegal arbitrary, discrimination and selective in nature apart from violative of Article 14 of Constitution of India and the settled law in 2013(4) ALT 1(DB) accordingly set aside the same consequently direct the respondents to release the withheld increments to the petitioner with consequential benefits, and to pass IA NO: 1 OF 2024 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 May be pleased to suspend the impugned G.O.Rt.No.79 PR&RD Department, dated- 23-1-2024, issued by the 1st respondent pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. BUGULU SREETEJA Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: 3 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declare the impugned Punishment Order issued vide G.O.Rt.No.79 Panchayat Raj and Rural Development (VIG.VI) Department, dated- 23-01-2024 issued by the 1st respondent no.4 imposing punishment only against the petitioner and dropping the same proceedings against others in a common departmental enquiry, as illegal arbitrary, discrimination and selective in nature apart from violative of Article 14 of Constitution of India and the settled law in 2013(4) ALT 1(DB) accordingly set aside the same consequently direct the respondents to release the withheld increments to the petitioner with consequential benefits, and to pass….” 2. Heard M/s Ramalingeswara Rao Kocherlakota, learned counsel for the petitioner and learned Government Pleader for Services-III appearing for respondents. 3. Learned counsel for the petitioner has contended that the impugned proceedings impugning penalty of two annual grade increments with cumulative effect against the petitioner is excessive. In fact, disciplinary proceedings were initiated against the petitioner as well as the co-charged employee i.e. Deputy Executive Engineer. But the respondents have exonerated the charges against the Deputy Executive Engineer and they have imposed punishment of two annual grade increments with cumulative effect which is excessive and disproportionate. In fact, there is no loss caused to the Government Exchequer and ultimately the contractor has deposited the amounts 4 which are demanded by the State. As the co-charged employee was already exonerated, the petitioner requests to remand the matter to review the punishment. 4. Considering the said submissions, without going into the merits, the impugned orders are set aside and remanded the matter to respondent no.1 to consider the same by considering the said fact that the co-charged employee was already been exonerated, and review the punishment orders if required by providing one more opportunity and pass appropriate orders. The said exercise shall be completed within two(02) months from the date of receipt of a copy of the order. 5. Accordingly, the Writ Petition is disposed of. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. __________________ JUSTICE D.RAMESH 30.3.2026 RD 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.15475 OF 2024 30.3.2026 RD