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High Court of Andhra Pradesh · body

2026 DAILYLAW 8274 (AP)

M.Sreedhar Kumar v. The State of Andhra Pradesh,

WP/21052/2026 · 2026-08-05

Nyapathy Vijay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010391452026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 6th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21052 OF 2026 Between: 1. M.Sreedhar Kumar, s/o subba rao aged about 62 years, occ Assistant Engineer, (H) (Retired)A.P. State Housing Corporation, NTR District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Housing Department Secretariat, Velagapudi, Amaravati Guntur District. 522237 2. A P State Housing Corporation Limited, Rep. by its Managing Director, Vijayawada. 520007 ...Respondents 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 toissue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No. 2 herein in not passing any orders on the explanation dt. 25-2-2025 submitted to the show 2 cause notice Show Cause Notice bearing RC.NO.1910A/3/NTR/DEPT/2024 dt. 30-1-2025, inspite of the personal vists, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the 2nd respondent to grant conduct re- enquire into the matter by granting reasonable time to the petitioner to submit the relevant documents in support of his defense, and to grant 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 to grant stay of all further proceedings pursuant to the show cause notice Rc.No.1910A/3/NTR/DEPT/2024 dt. 30-1-2025, pending disposal of the main Writ Petition, and to pass Counsel for the Petitioner: V BABY RANI Counsel for the Respondents: MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED) Counsel for the Respondents: GP FOR SERVICES II The Court made the following order: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.21052 of 2026 ORDER: 1) The present writ petition is filed questioning the action of Respondent No.2 in not passing any orders on the explanation of the Petitioner, dated 25.02.2025, as illegal and arbitrary. 2) The Petitioner had worked as Assistant Engineer in Respondent No.2 Corporation and retired from service on 31.03.2024. After retirement, a charge memo came to be issued to the Petitioner on 27.01.2025 alleging that the he was absconding from duties from 16.06.2023 and not performed his legitimate duties. 3) The Petitioner, thereafter, submitted a explanation, dated 25.02.2025, stating that the Petitioner is made scapegoat for the misappropriation of steel worth Rs.1,95,22,444/- without conducting proper enquiry and sought for re-enquiry. As no action is taken thereupon, the present Writ Petition is filed. 4) Learned Standing Counsel for the Respondents submits that an Enquiry Officer and Presenting Officer were appointed in March 2026 and a regular enquiry is under process. Learned Standing Counsel further submits that a criminal case was also filed vide 4 FIR No. 554/2025, dated 25.11.2025, at Bhavanipuram Police Station, vide Sections 314, 316(5) and 318(4) of Bharatiya Nyaya Sanhita, 2023, against the Petitioner and one B.Srinivasa Rao. 5) Considering the submissions, as the regular enquiry is being undertaken by the Respondents regarding charge framed against the Petitioner, the explanation that he being made scapegoat for the misappropriation of the above-mentioned amount, would be a subject matter for the enquiry Officer to decide in the departmental enquiry rather than this Court. Therefore, the Writ Petition is devoid of merits and, accordingly, dismissed. 6) There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________ NYAPATHY VIJAY, J Date: 06.08.2026 SM 5 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.21052 of 2026 Date: 06.08.2026 SM