APHC010702612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460]

(Special Original Jurisdiction)

TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36482/2025 Between:

1. V RAJENDRA PRASAD, S/O. SRI V. SOMARAJU, AGED ABOUT 67 YEARS, OCC RETIRED ADDITIONAL MISSION DIRECTOR, MEPMA, GUNTUR, RIO. D. NO. 16B-16/1-76/2, CHANDRAGUPTA COLONY, ELURU - 534005,ELURU DISTRICT, ANDHRA PRADESH ...PETITIONER AND

1. T HE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. --3 2.

2. T HE MISSION FOR ELIMINATION OF POVERTY IN MUNICIPAL AREAS MEPMA, REPRESENTED BY ITS DIRECTOR, BESIDE D-MART BUILDING SERVICE ROAD, KUNCHANAPALLI, GUNTUR DISTRICT, ANDHRA PRADESH.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the 1st Respondent in initiating disciplinary proceedings against the Petitioner after his retirement by issuance of G.O. Rt. No.483 dated 14.07.2022 and in imposing punishment of withholding 3percent of pension for a period of two years vide G.O.Rt.No.602 dated 07.08.2024, as illegal, arbitrary, without jurisdiction, contrary to Rule 9(2)(b)(ii) of the A.P. Revised Pension Rules, 1980, violative of Articles 14 and 300-A of the Constitution of India and opposed to the principles of natural justice, set aside the same and direct the Respondents to forthwith restore the full pension of the Petitioner and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Petitioner:

1. AISHWARYA NAGULA Counsel for the Respondent(S):

1. GP FOR SERVICES I The Court made the following:

HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No. 36482 of 2025

ORDER:

The present Writ Petition is filed declaring the action of Respondent No.1 in initiating disciplinary proceedings against the Petitioner after his retirement by issuing G.O.Rt.No.483 dated 14.07.2022 and imposing punishment of withholding 3% of pension for a period of two years vide G.O.Rt.No.602 dated

07.08.2024 as illegal and arbitrary.

2. The facts leading to filing of the present Writ Petition are as follows:

Petitioner was appointed as Municipal Commissioner, Grade-III after due selection through APPSC and joined as such on 05.02.1990 and reached up to the cadre of Regional Director. On attaining the superannuation, the Petitioner was retired from service on 31.07.2018 as Regional Director. While so, charge memo vide G.O.Rt.No.483 dated 14.07.2022 was issued and served on the Petitioner on 12.09.2022 i.e. more than four years after the date of his retirement.

3. The Article of charge pertains to alleged misconduct between 1991 and 2002 i.e. 20 years prior to the date of issuance of the charge memo. Two Articles of Charges were framed against the Petitioner, which reads as under:

CHARGE-1:

That Sri Vuchula Rajendra Prasad (now retired) failed to obtain prior permission as well as to give intimation subsequently to the competent authority pertaining to acquisition of Immovable / movable assets and violated Rule 9 (1) & (2) of APCS (Conduct) Rules, 1964 r/w Rule 9 of AP Revised Pension Rules, 1980. CHARGE-2 L That the Government Servant (now retired) falled to submit his Annual Property Returns to the competent authority at the end of every year during 1991 to 2002 and there by violated Rule 9 (7) of APCS (Conduct) Rules, 1964.

4. Consequent to the enquiry, the Petitioner was imposed punishment of withholding 3% of pension for a period of two years vide G.O.Rt.No.602 dated 07.08.2024. Hence, the present Writ Petition.

5. The only ground urged by the Petitioner is tha