THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN

WRIT PETITION Nos.10499 and 17970 of 2024

COMMON ORDER:

Petitioner, who has been working as Horticulture Officer has been imposed with major penalty of withholding of two annual grade increments with cumulative effect besides recovery of loss caused to Government to the tune of Rs.2,77,334/-, vide G.O.Ms.No.31, Agriculture and Co-operation (VIG.I) Department, dated 14.03.2024, issued by 1^st respondent. Assailing the said order, he preferred W.P. No.10499 of 2024. This Court, by interim order dated 03.05.2024, suspended aforesaid impugned order pending writ petition. As petitioner was not considered for promotion to the post of Assistant Director of Horticulture under the guise of pendency of departmental proceedings, and that the respondents have deferred his promotion by issuing memo dated 27.07.2023, assailing the said memo, he preferred W.P. No.17970 of 2024.

2. Since both these writ petitions are interconnected, they are heard together and disposed of by present common order.

3.

(a) Petitioner, while working as Horticulture Officer at Dharmavaram in Anantapur District, was issued charge memo vide No.Estt.I(2)09/2017, dated 03.01.2019, on the allegations that he violated procedures and guidelines of the State Plan Schemes while recommending payments of subsidy to the farmers which caused loss of public money, accordingly two Articles of Charges were communicated. Petitioner submitted explanation on 28.01.2019 refuting aforesaid charges. The 2^nd respondent has thereafter by proceedings dated 07.03.2019 appointed Presenting Officer, however, no further proceedings came to be conducted in pursuance to above charge Memo.

(b) Subsequently, 2^nd respondent at the instance of 1^st respondent has, in supersession of earlier charge memo dated 03.01.2019, issued fresh charge Memo vide No.Estt.I(2)09/2017, dated 20.01.2020, on the allegation that he has not distributed the government subsidies to eligible farmers and credited the same to bogus accounts for his personal gain and therefore had set out two Articles of Charges. Petitioner was also communicated with Memo dated 13.08.2020 along with copies of statements recorded by ACB during the investigation and called upon to submit his explanation. Accordingly, petitioner submitted explanation on 31.08.2020 to 2^nd respondent refuting the allegations levelled against him. 2^nd respondent in turn vide letter dated 24.11.2021 forwarded the explanation of petitioner to 1^st respondent for taking further action.

(c) 1^st respondent has thereafter issued G.O.Rt.No.288, Agriculture and Co-operation (VIG.I) Department, dated 10.05.2022, appointing Mr.K.Venkata Ramireddy, Member, Commissioner of Inquiries, as Enquiry Authority and likewise, issued G.O.Rt.No.289, Agriculture and Co-operation (VIG.I) Department, dated 10.05.2022, appointing Mr.K.Giri Babu, Inspector of Police, as Presenting Officer.

(d) Upon completion of enquiry, petitioner submitted detailed written arguments on 08.02.2023 and requested to exonerate him from charges. The Enquiry Officer concluded the enquiry and submitted report, which was in turn forwarded to petitioner vide Memo No.ACG01-AGRI/82/2019, dated 06.03.2023, calling upon him to submit representation, if any, on the findings of Enquiry Officer. Petitioner has submitted representation/explanation to the 2^nd respondent on 03.04.2023 and to the 1^st respondent on 02.05.2023, rebutting the findings of Enquiry Officer and requested to exonerate from charges. Petitioner has specifically pleaded that the conclusions drawn by Enquiry Officer was not by any cogent evidence rather mere on presumptions and assumptions. Later, 2^nd respondent by letter dated 21.07.2023 informed 1^st respondent that out of the misappropriated amount, Rs.4,00,000/- came to be recovered from three fake Pattadar Passbook holders namely A.Veeranjaneyulu, P.Kavitha and P.Vijayalakshmi and the remaining amount of Rs.2,77,334/- to be recovered.

(e) 1^st respondent h