APHC010083362018

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3396]

(Special Original Jurisdiction)

FRIDAY, THE ELEVENTH DAY OF APRIL

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 3718/2018

Between:

MARAPPA REDDYGARI KUMARA SWAMY REDDY, S/O NARAYANA REDDY, AGED ABOUT 69 YEARS, R/O 19-12-137,

KESAVAYANAGUNTA, TIRUPATHI.

...PETITIONER

AND

1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL

SECRETARY, ENDOWMENTS DEPARTMENT, SECRETARIAT

BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

2. TIRUMALA TIRUPATHI DEVASTHANAMS, REP. BY ITS EXECUTIVE

OFFICER, TIRUMALA, TIRUPATHI, CHITTOOR DISTRICT.

3. THE CHIEF VIGILANCE AND SECURITY OFFICER, TIRUMALA

TIRUPATHI DEVASTHANAMS, TIRUPATHI, CHITTOOR DISTRICT.

4. THE DEPUTY EXECUTIVE OFFICER, (SRI GOINDARAJA SWAMY

TEMPLE), TIRUMALA TIRUPATHI DEVASTHANAMS, HAVING

OFFICE AT G.N.MADA STREET, TIRUPATHI, CHITTOOR DISTRICT.

...RESPONDENT(S):

Counsel for the Petitioner:

1. J UGRANARASIMHA

Counsel for the Respondent(S):

1. B RAJESHWAR REDDY

2. V.R.N PRASHANTH SC FOR TTD

3. GP FOR ENDOWMENTS (AP) The Court made the following:

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India with

the following prayer for:

“.... a writ of Mandamus, declaring the unilateral action of the 2nd Respondent in issuing proceedings bearing Roc.No.SGT3/166/SriGT/TTD/Tpt/2011, dated 17.3.2016 directing to recover Rs.49,328/- from the pension of the petitioner, as wholly arbitrary, illegal and serious violation of principles of natural justice in addition to being violative of Articles 14, 21 and 300-A of the Constitution of India and consequently set-aside the said proceedings, directing the respondents to return Rs. 49,328/- with interest and 24percent to the petitioner, from the date of deduction and award exemplary costs towards perpetration of such illegal and arbitrary.”

2. Heard Sri J.Ugranarasimha, learned counsel for the Petitioner would submit that, the Petitioner retired as Assistant Executive Engineer in 2006 and thereafter in the year 2018 the Respondent-Authorities deducted an amount of Rs.15,000/- from his pension for three months amounting to Rs.49,328/- by virtue of proceedings in Roc.No.SGT3/166/SriG.T./Tpt/2011, dated 17.03.2016 for missing of two Chamarams. Learned counsel would further submit that, after ten years of his retirement, the impugned orders were passed without giving any notice to the Petitioner. Learned counsel would further submit that, no explanation has been sought and no enquiry has been conducted and behind the back of the Petitioner, punishment was imposed against the Petitioner. It is further submitted that the Petitioner got issued legal notice to the Respondent-Authorities seeking particulars of the missing of the alleged article. Rejecting his plea, they have issued the proceedings in Roc.No.SGT3/166/Sri G.T/2011, dated 30.09.2016. Learned counsel would further submit that, the impugned order of recovery of Rs.49,328/- from the pension of the Petitioner after lapse of ten years of his retirement, which is utter violation of principles of natural justice. Learned counsel would further submit that, basing on the report of the vigilance, they have taken this action, which is behind back of the Petitioner. Hence, prayed to allow the petition.

3. Sri V.R.N.Prasanth, learned Standing Counsel for T.T.D would submit that the two silver Chamarams were not handed over to the successor of the Petitioner and the Petitioner has not taken any endorsement to that effect. It is further submitted that Respondent No.3 submitted a report duly following the procedure and thereafter recovery orders were issued. Learned Standing Counsel would submit that, as the two Silver Chamarams were not accounted by the Petitioner, the recovery was made basing on the Board Resolution dated 25.06.2012. Learned Standing Counsel would finally submit that, opportunity may be given to the Respondent-Authorities to take further action relating to missing of articles according to