ORDER:

(Per Hon’ble Sri Justice Nyapathy Vijay)

The present Intra-Court Appeal is filed questioning the order in W.P.No.26796 of 2021 dated 03.05.2023 rejecting the Writ Petition.

2. The brief facts of the case leading to the present Writ Appeal are as under:-

The husband of the Appellant late Y.S.A.V.S.R.K. Prasad retired from Government Service on 20.2.2019 and had expired on 27.1.2020. While the husband of the Appellant was in Government Service, a Charge Memorandum vide G.O.Rt.No.13 A & C (Vig.III) Department, dated 16.01.2017 was issued under Rule 20 of A.P. Civil Services (CCA)

Rules, 1991 where under a solitary Charge was framed.

3. The Charge was that late Y.S.A.V.S.R.K. Prasad while working as Deputy Executive Engineer (AM), Vijayawada had failed to discharge his legitimate duties and failed to follow prescribed procedures and had committed irregularities in the execution of construction of 500 MT Godown Nos.1, 2 & 3 in Market Yard at Gollapudi of Agricultural Market Committee and in execution of 500 MT godown in Market Yard @ Tiruvuru of Agricultural Market Committee. It was alleged that late Y.S.A.V.S.R.K. Prasad failed to follow prescribed procedures laid down for calculation of price escalation with reference to Agreement conditions relevant Circulars and Government Orders.

4. Thereupon, enquiry was conducted and the enquiry report was submitted on 18.3.2020 to the Government. On 2.6.2020, a Memo enclosing the report of Enquiry Officer was sought to be served on late Sri Y.S.A.V.S.R.K. Prasad and then the Respondent No.2 informed the Government about the demise of late Y.S.A.V.S.R.K. Prasad on

27.01.2020.

5. Vide G.O.Rt.No.841 dated 11.12.2020, Government ordered for abatement of further action against late Y.S.A.V.S.R.K. Prasad under Rule 9(7)(a) of A.P. Revised Pension Rules, 1980 considering his demise on 27.01.2020. Further, under the same G.O.Rt.No.841, loss caused by deceased delinquent late Y.S.A.V.S.R.K. Prasad to Government amounting to Rs.12,56,931/- was directed to be recovered from the legal heirs under Rule 9(7) of A.P. Revised Pension Rules, 1980.

6. The G.O.Rt.No.841 to the extent of order of recovery from the legal heirs was the subject of challenge in W.P.No.26796 of 2021. The Writ Petition was allowed holding that the disciplinary proceedings abate ab initio on the death of delinquent i.e., from inception and that the delinquent’s wife is entitled for all the terminal benefits irrespective of Rule 9(7) of the A.P. Revised Pension Rules, 1980.

7. In the present Appeal, the Learned Government Pleader for Services-II mainly emphasized on Rule 9(7) and 9(8) of A.P. Revised Pension Rules, 1980 to substantiate the plea that Government is entitled to recoup the loss from the retirement gratuity of the deceased delinquent. The Counsel for Respondent/Writ Petitioner contended that on the death of the delinquent, the enquiry stood abated and the question of recovery from the legal heirs would not arise.

8. The point for consideration in this appeal is whether the Government is entitled to recoup the loss from the legal heirs on the death of the delinquent before conclusion of disciplinary proceedings.

9. The erstwhile Rule 9(7)(a) as amended vide G.O.Ms.No.85 dated 12.7.1999 provided for abatement of all disciplinary cases on the death of the delinquent, except those disciplinary cases where the Government suffered pecuniary loss or where Government amounts were misappropriated. The Rule also provided for concluding the disciplinary proceedings by bringing on record the legal representatives of deceased delinquent for the purpose of recovery of the pecuniary loss.

10. The Andhra Pradesh Vigilance Commission vide Letter dated 10.7.1999 to the Government had expressed serious doubt of the practicability of the procedure laid down and the legality of such action for recovery of dues to the government under the erstwhile Rule

9(7)(a) as amended vide G.O.Ms.No.85 dated 12.7.1999.

11. The Government taking into consideration