APHC010093282000 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-2 [3506]

AT AMARAVATI WRIT PETITION NO: 26455 of 2000 Smt. L.Usha Rani, ...Petitioner Vs.

The A P State Seeds Development Corporation ...Respondent(s)

Limited and Others **********

Advocate for Petitioner: GANTA PRASAD Advocate(s) for Respondent(s): A V KONDAIAH, V AJAYAKUMAR, M DURGA PRASAD, CH SHYAM SUNDER RAO CORAM : SRI JUSTICE CHALLA GUNARANJAN DATE : 4th December 2025

ORDER:

The present writ petition is filed assailing the order dated

04.11.2000 passed by the 2^nd respondent, communicating the decision of the Board of Directors-1^st respondent, by which the petitioner was removed from service on account of irregularities being proven during the disciplinary proceedings to be illegal, arbitrary, without jurisdiction and consequently to pay the monetary benefits by fixing the salary with notional seniority and all other retiremental benefits.

2. Brief facts of the case are as follows:

(a) The writ petitioner was initially appointed as attender on

14.10.1990 in the 1^st respondent Corporation and has been working at Vijayawada office since then. The 1^st respondent had undertaken the exercise of distribution of seeds on subsidy basis for Rubi season 1989-90, for which purpose a sales counter was opened at Vijayawada. The petitioner and two other officers, Junior Assistant and Assistant Manager, were deputed at the said counter for the purpose of distribution of seeds meant to be issued to eligible farmers on subsidy basis. In the course of time, alleging that the persons who were posted at the said sales counter indulged in dubious activities of siphoning of the money collected from the farmers by not accounting for and issuing fake and fabricated account slips, the disciplinary proceedings came to be initiated, besides initiating criminal proceedings.

(b) The petitioner was issued charge memo dated

01.04.1999, setting out four articles of charge, which essentially related to accepting Xerox copies of permit slips with manual serial numbers and resultantly conducting sale of seeds on subsidy and further acceptance of inadequately stamped permits for conducting aforesaid sales. The petitioner submitted statement of defence refuting the aforesaid charges. Simultaneously, on the very same set of charges, a complained was lodged with police and FIR came to be registered vide Crime No.183 for the offences under Sections 109, 420, 468 and 471 of IPC against the petitioner and the two other officers, who stated to have been deputed at the sales counter. Based on the preliminary enquiry report, the petitioner was placed under suspension and after conducting the enquiry by the enquiry officer, a report dated 05.01.2000 came to be issued holding that two charges were proved. Later, enquiry report was furnished to the petitioner and she was called upon to submit explanation, pursuance to which explanation has been submitted on

28.04.2000.

(c) The Board of Directors, at meeting held on 26.09.2000, having considered the explanation submitted by the petitioner, ultimately decided to remove her from service, by holding that the aforesaid act of the petitioner and two other officers resulted in causing huge monetary loss of Rs.18,26,324/- to the Corporation.

Accordingly, the said decision of the Board of Directors came to be communicated to the petitioner by proceedings dated

04.11.2000, issued by the 2^nd respondent.

(d) Assailing the same, the present writ petition is filed.

3. The respondents have filed counter affidavit supporting the decision of the Board of Directors, while reiterating the contents of the enquiry report and the final decision made by them.

4. Heard Sri Ganta Prasad, learned counsel for the petitioner and Sri M. Durga Prasad, learned Standing Counsel for the respondent Corporation.

5. Learned counsel for the petitioner contended that the impugned order dated 0411.2000, issued by the 2^nd respondent, communicating the decision of the Board of Directors removing the petitioner