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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE SUBBA REDDY SATTI, J
Vanarasi Naga Jyothi, W/o. Vanarasi Trinatha Rao – Appellant
Versus
State Of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. point for consideration (Para 6 , 7 , 8 , 9 , 10 , 11 , 13 , 14 , 15 , 16 , 17 , 18) |
| 2. inquiry without charge memo (Para 12) |
| 3. writ petition allowed (Para 19) |
ORDER :
The above writ petition is filed impugning the proceedings issued by respondent No.2 vide D.O.No.499/2022 C.No.62/OE-PR/2012, dated 02.08.2022, whereby a penalty of removal from service was imposed against one Sri Trinatha Rao, who is the husband of the first petitioner and father of petitioners 2 and 3, as illegal and arbitrary and to direct the respondent authorities to release the death benefits.
2. The case of the petitioners, in brief, is that :
(a) the 1st petitioner is wife and petitioners 2 & 3 are children of one Sri Trinatha Rao, who worked as a Police Constable in APSP 5th Battalion. He suffered from psychological disease and took treatment from 1993 to 10.04.2012. He was transferred from Vizianagaram APSP to Armed Reserved Police, Kakinada, East Godavari District 2001. He claimed medical reimbursement. During verification, the Auditing Department objected that the bills uploaded by Sri Trinatha Rao were fake and concluded that Rs.1,71,974/- was to be recovered. Accordingly, a show-cause noti
Departmental proceedings must commence with the service of the charge memo; failure to do so violates principles of natural justice, rendering the proceedings invalid.
Departmental proceedings must comply with established rules, requiring evidence and witness examination; failure to do so invalidates the proceedings.
Disciplinary proceedings abate upon the death of the employee, and sufficient evidence must support removal actions to ensure legality.
Criminal proceedings against a retired government employee are not subject to the same limitations as departmental proceedings under the CCS (Pension) Rules, 1972.
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