APHC010100132023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3573] MONDAY, THE 27th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 5078/2023 Between: 1. B MARUTHI PRASAD, S/O LAKSMHI NARAYANA, AGED 70 YEARS, RIO D.NO.1/441-13-4, MARUTHI NAGAR, CUDDAPAH, ANDHRA PRADESH - 51600. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS SPECIAL CHIEF SECRETARY, REVENUE (VIGILANCE-III) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI,GUNTUR 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS SPECIAL CHIEF SECRETARY, REVENUE (VIGILANCE-I) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR. 3. THE INQUIRY OFFICER AND JOINT COLLECTOR, Y.S.R DISTRICT, KADAPA, ANDHRA PRADESH. 4. CHIEF COMMISSIONER, LAND ADMINISTRATION, VIJAYAWADA, ANDHRA PRADESH. ...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 particularly one in the nature of Writ of Mandamus to declare the action of Respondent No.2 in withholding 10percent of the Petitioner's monthly pension for a period of four years vide G.O.Rt.No. 808 dated 29.09.2022 without concluding the departmental proceedings initiated by Respondent No.1 vide G.O.Rt.No.879 dated 2 23.07.2011 despite the fact that Respondent No.3 i.e., enquiry officer held that charges against the Petitioner have not been proved in his enquiry report dated 18.05.2020 as manifestly arbitrary, capricious, whimsical, per se illegal, vindictive, unreasonable, pre-determined, contrary and opposed to Andhra Pradesh Civil Services (Conduct) Rules, 1964 and Andhra Pradesh Revised Pension Rules, 1980 besides being dehors application of mind and jurisdiction. and violative of Articles 14, 16, 21 and 309 of the Constitution of India and consequently, to set aside the same by directing Respondent No.1 to conclude the departmental proceedings pending against the Petitioner and/or pass and/or pass IA NO: 1 OF 2023 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 suspend the G.O.Rt.No. 808 dated 29.09.2022 issued by the Respondent No.2 and/or pass IA NO: 2 OF 2023 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 direct the Respondent No.1 to conclude the departmental proceedings initiated against the Petitioner in pursuance of G.O.Rt.No.879 dated 23.07.2011 within 2 months and/or pass IA NO: 3 OF 2023 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 vacate the interim orders dt:01.03.2023 in I.A.No.1 of 2023 in W.P.No,5078 of 2023 and dismiss the above writ petition and pass. Counsel for the Petitioner: 1. AVANIJA INUGANTI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 5078/2023 ORDER The Writ Petition has been filed declaring the action of Respondent No.2 in withholding 10% of the petitioner's monthly pension for a period of four years vide G.O.Rt.No.808 dated 29.09.2022, without concluding the departmental proceedings initiated by Respondent No.1 vide G.O.Rt.No.879 dated 23.07.2011. 2. The case of the petitioner is that, pursuant to the charge memo, an enquiry was conducted by the disciplinary authority, and the Enquiry Officer submitted a report dated 18.05.2020, wherein it was held that the charge was not proved against the petitioner. However, after submission of the enquiry report, Respondent No.1 issued a show cause notice vide Memo No.LANAOCCLV(DISC)/48/2020-VIG-1(2) dated 13.01.2022, stating that a provisional decision had been taken to impose the penalty of withholding 20% of the monthly pension permanently, and called upon the petitioner to submit his explanation. Thereafter, Respondent No.1 issued the impugned G.O.Rt.No.808 dated 29.09.2022. The said G.O. was issued without recording any reasons for disagreement with the findings of the Enquiry Officer and also without recording independent findings based on the explanation submitted by the petitioner. 3. Learned counsel for the petitioner placed reliance on the judgment of this Court in W.P.No.18430 of 2025 and W.P.Nos.10499 & 17970 of 2024, wherein this Court considered various judgments on the issue. Basing on the same, it is contended that the respondents failed to adhere to the procedure contemplated under the A.P. Civil Services Rules, 1991. Accordingly, the impugned order was 4 set aside and the matter was remanded back to the respondents for reconsideration. 4. The learned Assistant Government Pleader submitted that the matter may be remanded back to the respondent authority to consider the enquiry from the stage of issuance of the show cause notice expressing disagreement with the findings of the Enquiry Officer, in accordance with law, and placed reliance on the judgment in Chairman, LIC of India Vs. A. Masilamani1. 5. Considering the submissions made by the learned counsel on either side, the impugned order, namely G.O.Rt.No.808 dated 29.09.2022, is hereby set aside, and the matter is remanded back to Respondent No.1 to consider the case of the petitioner afresh by conducting the enquiry from the stage of issuance of the show cause notice expressing disagreement with the findings of the Enquiry Officer, in accordance with law, and thereafter pass appropriate orders within a period of two (02) months from the date of receipt of a copy of this order. 6. With the above observations, the Writ Petition is allowed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ BALAJI MEDAMALLI, J Date: 27.07.2026 SSA Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 1 AIR Online 2012 SC 426 5 124 THE HONOURABLE JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 5078/2023 Date: 27.07.2026 SSA 6