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 to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in initiating and continuing disciplinary proceedings in pursuance G.O.Ms.No.4 dated 18-01- 2024 and G.O.Ms. No.5 dated 18-01-2024 issued by the 1st respondent and thereby withholding the retiremental pensionary benefits is illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and in contravention to Rule (9) (2) (b) (ii) of A.P Revised Pension Rules, 1980 and the clarification issued under circular Memo No.993083/FIN01-HR01-HR 0CLI/9/2019-HR-III, Finance (HR. Ill-Pension) Department dated 15-03-2020 and to consequently set aside the same and further direct the respondents to release the retirement benefits by regularizing the period of suspension and to pass

IA NO: 1 OF 2026

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 to suspend the G.O.Ms. No.4 dated 18-01-2024 and G.O.Ms. No.5 dated 18-01- 2024 issued by the 1st respondent pending disposal of the writ petition and to pass

The Court made the following order:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in initiating and continuing disciplinary proceedings in pursuance G.O.Ms.No.4 dated 18-01-2024 and G.O.Ms. No.5 dated 18-01-2024 issued by the 1st respondent and thereby withholding the retiremental pensionary benefits is illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and in contravention to Rule (9) (2) (b) (ii) of A.P Revised Pension Rules, 1980 and the clarification issued under circular Memo No.993083/FIN01-HR01-HR 0CLI/9/2019-HR-III, Finance (HR. Ill- Pension) Department dated 15-03-2020 and to consequently set aside the same and further direct the respondents to release the retirement benefits by regularizing the period of suspension and to pass”

2. With the consent of both the learned counsel for the petitioner and learned Government Pleader for Services-I, the matter is being disposed of at the admission stage.

3. Petitioner retired from service on 31.07.2016 in the post of Principal, Government I.T.I, Gajuwaka, Visakhapatnam District. After retirement, by G.O.Ms.No.04, Skills Development and Training (E&T.A2) Department, dated 18.01.2024, has given sanction in terms of Rule 9(2)(b)(i) of A.P. Revised Pension Rules, 1980 read with Cir.Memo.No.993083/Fin01-HR0CLI/9/2019- HR-III, dated 15.03.2020 to initiate departmental proceedings against the petitioner by framing articles of charges. The sum and substance of the aforesaid articles of charge were that petitioner has acquired certain immovable properties during his service from 1980 to 2001, 2004 and 2013, which were done without prior permission, thereby he has contravened the service regulations. A case of disproportionate assets was registered against petitioner and his family members vide Cr.No.12/RCA-VSP/2014, under Section 13(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988, in which charge sheet came to be filed and the same got numbered as C.C.No.39 of 2019 on the file of III Additional District Sessions Judge-cum- Special Judge for SPE and ACB Cases, Visakhapatnam. The Government vide G.O.Ms.No.4, Skills Development and Training (E&T.A2) Department, dated 18.01.2024, while withdrawing the prosecution against petitioner has ordered for enquiry by rescinding the earlier orders of prosecution. In pursuance to the same, the petitioner was issued charge memo vide G.O.Rt.No.19, Skills Development and Training (E&T.A2) Department, dated 20.02.2024. The