SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

HIGH COURT OF ANDHRA PRADESH
Ms. B. S. Bhanumathi, J
M.V. Ramana Murthy – Appellant
Versus
State of A.P. through its Principal Secretary, Revenue (Regn-I) Department and others – Respondent
Writ Petition (A.T.) No:1935 of 2021 | O.A.No.1438 of 2018



Advocates:
For the Appellants/Petitioners: Amara Rama Rao
For the Respondents: G.P. for Services

Disciplinary proceedings against retired public servants can continue if sanctioned, ensuring procedural integrity.

Headnote:(A) Andhra Pradesh Civil Services (CCA) Rules, 1991 - Rule 20 - Andhra Pradesh Revised Pension Rules, 1980 - Rule 9 - Disciplinary proceedings against retired government servant - Charge memo issued post-retirement challenged on grounds of jurisdiction - The court found that disciplinary proceedings could continue post-retirement under certain conditions established by Rule 9 - The subsequent charge memo was held valid as it addressed the same basis as the original charge. (Paras 12-18)

(B) Public servant duties - Non-declaration of personal cash and failure to sign attendance register held as misconduct - The penalty imposed of a 50% cut in pension for ten years was found excessive, reducing it to 10% for five years instead. (Paras 17-18)

Facts of the case:
The petitioner, a retired District Registrar, challenged a charge memo and penalties imposed during post-retirement disciplinary proceedings.

Findings of Court:
The charge memo was upheld based on procedural validity, but the penalty was modified as excessively harsh considering the evidence presented.

Issues: Main issues included the validity of charge memo issued post-retirement and the appropriateness of the penalty imposed.

Ratio Decidendi: The court ruled against the challenge of jurisdiction over post-retirement charges, affirming that the revisable nature of the charge memo maintained procedural integrity.

Result: Writ Petition allowed with penalty modification.

Table of Content
1. petition filed for redressal against disciplinary action. (Para 1 , 2)
2. petitioner argues against charge validity and penalty severity. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11)
3. court clarifies conditions for disciplinary actions post-retirement. (Para 12 , 13 , 14 , 15 , 16)
4. court modifies excessively harsh penalties. (Para 17)
5. writ petition allowed with adjustments to the penalty. (Para 18)

ORDER

This petition was initially filed before the A.P.Administrative Tribunal, Hyderabad vide O.A.No.1438 of 2018, renumbered as W.P.(AT) No.1935 of 2021 on its transfer to this High Court, seeking to set aside the impugned G.O.Rt.No.999 Revenue (Vig-II) Department, dated 26.09.2017 issued by the 1st respondent by declaring that the punishment imposed is illegal, arbitrary, illogical, without jurisdiction and direct the respondents to release full pension and gratuity to the applicant and refund cash of Rs.35,090/- seized by the ACB from the applicant during raid in the interest of justice and pass such other order and further orders.

2. The case of the petitioner is briefly as follows:

(a) The petitioner was appointed as Reserve Sub-Registrar in 1979 and subsequently promoted as Reserve Sub-Registrar Grade-I in 1987 and was further promoted as Assistant District Registrar in March, 1995 and again promoted as District Registrar in October, 1995 and he retired on 30.04.2008 on attaining the age of superannuation.

(i) While so, the petitioner was issued with a charge memo, dated 20.12.2007 with the following charges:

“1. It is proposed to hold an enquiry against Sri. M. V. Ramana Murthy, formerly District Registrar, Kurnool and presently District Registrar, Adilabad as he indulged in corrupt activities by collecting illegal gratification from the public in accordance with the procedure laid down in Rule 20 of the A.P Civil Services (CCA) Rules, 1991.

2. The substance of the imputations of misconduct or misbehaviour in respect of which the inquiry is proposed to be held is set out in the enclosed statement of Articles of charge (Annexure-I). The statement of imputations for the charges framed (Annexure-II), a list of documents by which, and a list of witnesses by whom, the Articles of Charges are proposed to be sustained are also enclosed (Annexure – III & IV)

3. Sri M.V. Ramana Murthy, formerly District Registrar, Kurnool, and presently District Registrar, Adilabad is directed to submit a written statement of his defence by 07-01-2008 and if he wishes to get heard in person, he may do so on 07-01-2008.

4. Sri M.V.Ramana Murthy, formerly District Registrar, Kurnool and presently District Registrar, Adilabad is informed that an enquiry will be held only in respect of the Articles of Charge, as not admitted. He should, therefore specifically admit or deny the Charges.

5. Sri M.V. Ramana Murthy, formerly District Registrar, Kurnool and presently District Registrar, Adilabad is further informed that if he does not submit his written statement of defence on or before the date specified in para-3 above further action will be processed based on the material available.

6. Attention of Sri M.V.Ramana Murthy, formerly District Registrar, Kurnool and presently District Registrar, Adilabad is invited to Rule 24 of the A.P Civil Services (Conduct) Rules, 1964 under which no Government Servant shall bring or attempt to bring any political or outside influence to bear upon any superior authority to further his interest in respect of matters pertaining to his service under the Government. If any representation is received on his behalf from another person in respect of any matter dealt within these proceedings it will be presumed that Sri M.V.Ramana Murthy, formerly District Registrar, Kurnool and presently District Registrar, Adilabad is aware of such a representation and that it has been made at his instance and action will be taken against him for violation of the Rule-24 of A.P.C.S (Conduct) Rules, 1964.

7. He is specifically informed that t

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top