Departmental proceedings against a retired government servant cannot be instituted for an event that occurred more than four years prior to the date of institution, as per Rule 9(2)(b)(ii) of the Andhra Pradesh Revised Pension Rules, 1980.

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 Writ of Mandamus, declaring the impugned action of the 1st respondent to initiated Departmental proceedings vide G.O.R.t No. 532 Revenue (Vigilance-VI) Department dated. 05.08.2024 and Consequential Charge Memo Vide G.O.R.t No. 533 Revenue (Vigilance-VI) Department dated. 05.08.2024 even though pendency of criminal case on same charge vide C.C. No. 15 of 2022 on the file of Honble Special Judge for Trail of SPE ACB Cases at Kurnool is highly illegal, arbitrary, unjust, improper, without jurisdiction and contrary to Rule 9 (2) (b) (ii) of AP Revised Pension Rules, 1980 and contrary to orders of this Honble Court and violation of Article 14, 16 21 of the Constitution of India apart from violation Principles of Natural Justice and set aside the same 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 For the reasons stated in the accompanying affidavit. It is further prayed that that this Honble Court may be pleased to stay of further departmental enquiry against the petitioner by suspend the impugned orders vide G.O.R.t No. 532 Revenue (Vigilance-VI) Department dated. 05.08.2024 and Consequential Charge Memo Vide G.O.R.t No. 533 Revenue (Vigilance-VI) Department dated. 05.08.2024 issued by the 1st respondent pending criminal case vide C.C. No. 15 of 2022 before the Honble Special Judge for trial of SPE ACB cases at Kurnool pending disposal of the above writ petition and 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 a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned action of the 1st respondent to initiate Departmental proceedings vide G.O.Rt.No.532 Revenue (Vigilance-VI) Department dated 05.08.2024 and Consequential Charge Memo Vide G.O.Rt.No.533 Revenue (Vigilance-VI) Department dated 05.08.2024 even though pendency of criminal case on same charge vide C.C.No.15 of 2022 on the file of Hon’ble Special Judge for Trail of SPE & ACB Cases at Kurnool is highly illegal, arbitrary, unjust, improper, without jurisdiction and contrary to Rule 9(2) (b) (ii) of AP Revised Pension Rules, 1980 and contrary to orders of this Hon’ble Court and violation of Article 14, 16 & 21 of the Constitution of India apart from violation of Principles of Natural Justice and set aside the same ….”

The brief facts of the case are as follows:

a) The petitioner was initially appointed as Assistant Commercial Tax Officer (ACTO), through direct recruitment by the APPSC in the year 1995. Thereafter, he was promoted as Deputy Commercial Tax Officer (DCTO) in the year 2005 and subsequently promoted as Assistant Commissioner of State Tax in the year 2015. The petitioner retired from service on attaining the age of superannuation on 31.01.2020 while working as Assistant Commissioner of State Tax.

b) While the petitioner was working as Assistant Commissioner of State Tax, Kurnool-I Circle, Kurnool, a case was registered against him by the ACB authorities under Section 13(2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988, vide Crime No.16/RCT-KNL/2018, dated 08.12.2018. On account of the said criminal case, the petitioner was placed under suspension and subsequently reinstated into service pending criminal proceedings.

c) While so, the 1st respondent issued G.O.Rt.No.532, Revenue (Vigilance-VI) Department, dated 05.08.2024, initiating disciplinary proceedings against the petitioner, and consequential Charge Memo vide G.O.Rt.No.533, dated 05.08.2024, under the provisions of the APCS (CC&A) Rules, 1991. The petitione