HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.3612 OF 2023

ORDER:

Heard Sri B. Rajesh Kumar, learned counsel appearing on behalf of the petitioner, and learned Assistant Government Pleader for Revenue, appearing on behalf of respondent Nos.1 to 6.

2. The petitioner approached the Court seeking prayer as under:

“…to issue any appropriate writ or order or direction more particularly one in the nature of Writ of MANDAMUS that this Honourable Court may be pleased to direct the respondents to reinstate the petitioner into the services and set aside the major penalty order for dismissed from services issued by the 1^st respondent impugned order No.A3/385/2013 Dt.28/01/2015 in terms of Rule (X) of APCS (CC and A) Rules, 1991 on the strength of this Honourable High Court vide W.P. No.6345/2019 and acquittal orders passed in C.C. No.534/2015 on the file of the Honourable Junior Civil Judge cum Judicial Magistrate of First Class at Madhira, on merits not on ground of lack of evidence or ex-parte evidence or benefit of doubt only on Honourable Orders and pass...”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present writ petition is as under:

The petitioner was appointed as village Revenue Officer on

20.04.1995 by the respondent No.3 under compassionate grounds. The petitioner was charged with misappropriation of input subsidy funds granted to the villagers of Bheemavaram in Yerrupalem Mandal and the petitioner was awarded with major penalty vide order dated 28.01.2015 by the respondent No.1 and petitioner was dismissed from the services. On an earlier occasion the petitioner filed W.P. No. 6345 of 2019 challenging the order dated 28.01.2025. As per the orders of this Court, the petitioner filed revision petition but no action had been taken by the 1^st respondent. Aggrieved by the impugned order No.A3/385/2013, dated 28.01.2015 issued by the respondent No.1 the petitioner approached this Court by filing the present writ petition.

PERUSED THE RECORD:-

4. It is the specific case of the petitioner that the 1^st respondent issued proceedings imposing a major penalty of dismissal from service against the petitioner vide letter No.A3/385/2013 dated 28.01.2015 in terms of terms of Rule (X) of APCS (CC&A) Rules, 1991 referring to the enquiry report submitted against the petitioner holding the petitioner guilty of the charges levelled against the petitioner on the alleged ground that the petitioner committed certain irregularities in discharge of petitioner’s duties as Village Revenue Officer of Bhemavaram Village, Yerrupalem Mandal. Aggrieved by the same, the petitioner preferred a revision against the impugned dismissal order No.A3/385/2013 dated 28.01.2015 before the 1^st respondent herein and though the said revision petition had been preferred by the petitioner way back on 07.01.2023, the 1^st respondent had not considered the revision petition preferred by the petitioner to revise the penalty of dismissal from services No.A3/385/2013 dated 28.01.2015 imposed against the petitioner which is in fact major penalty and to set-aside the same. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

5. A bare perusal of the record clearly indicates that the petitioner on an earlier occasion approached this Court by filing W.P. No.6345 of 2019 challenging the proceedings dated

28.01.2015 issued to the petitioner by the 1^st respondent dismissing the petitioner from service as Village Revenue Officer (VRO) of Bheemavaram Village, Yerrupalem Mandal, Khammam District and also subsequent order confirming the said major penalty by the 2^nd respondent thereunder vide proceeding dated 22.09.2018 as illegal and arbitrary, and the said W.P. No.6345 of 2019 was disposed of vide orders of this Court dated 27.03.2019 directing the petitioner to file a fresh revision petition in accordance with Rule 40 of CCA Rules within period of two weeks from