Andhra Pradesh High Court - Amravati
Between vs The State Of Andhra Pradesh on 3 January, 2022
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
eee preteen IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! (SPECIAL ORIGINAL JURISDICTION) MONDAY, THE THIRD DAY OF JANUARY, TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 30667 OF 2021 eo Between: Manchalapalli Raghunath, S/o. Late Rama Rao, aged about 63 years, Retired Joint Commissioner, Endowment Department, Government of Andhra Pradesh, R/o. Shanthinagar, Eluru, West Godavari District. a ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue a (Endowments) Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner of Endowments, Government of Andhra Pradesh, Gollapudi, Vijayawada, Krishna District. 3. The Vigilance Commissioner, Revenue -Vigilance (IV), Endowment Department, Velagapudi, Guntur District. The Inspector of Police, Ante Corruption Bureau (ACB), Visakhapatnam. ~~ Deputy Superintendent of Police, Visakhapatnam Range, Visakhapatnam, Commissioner of Enquiries, Government of Andhra Pradesh, General Administration (COI - JS) Department, Vijayawada, Krishna District ...Respondents Daas 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 a Writ of Mandamus or any other appropriate writ declaring that the action of the respondents in continuing disciplinary proceedings against the petitioner which were initiated vide G.O.Rt.No.314, dated 27.04.2014 (on the allegation of disproportionate assets) even after the retirement of the petitioner from service with effect from 31.07.2018 vide G.O.Rt.No.273, dated 22.02.2018 and issuance of notice by the Commissioner of Enquiries purporting to conduct the disciplinary enquiry, is arbitrary, illegal and impermissible in law and consequently declare that the disciplinary proceedings that were initiated against the petitioner have got abated by the retirement of the petitioner with effect from 31.07.2018 and that the respondents do not have any disciplinary jurisdiction to continue the disciplinary proceedings that were initiated prior to the retirement of the petitioner and consequently restrain the respondents from proceeding with any further disciplinary action against the petitioner and direct the respondents to forthwith settle and pay all the terminal benefits to the petitioner including pending etc., with interest at 18% per annum from the date of his retirement on 31.07.2018 and grant such other relief as it deems fir in the circumstances of the case. IA NO: 1 OF 2021 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 grant stay of all further proceedings pursuant to the notice No.48/COI.JS/2019, dated 21.10.2021 purporting to conduct disciplinary enquiry against the petitioner pursuant to the charge sheet contained in G.O.Rt.No.314, Revenue (Vigilance) Department, dated 27.04.2015, after the retirement of the petitioner with effect from 31.07.2018, pending disposal of WP.No.30667 of 2021, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of M/s Bharadwaj Associates for the Petitioner and GP for Services-ll for the Respondents, the Court made the following. ORDER:
- "Heard Sri Vedula Venkata Ramana, learned Senior Counsel representing M/s Bharadwaj Associated and learned Government Pleader for Servies-ll, who seeks time to file counter affidavit. List the matter on 17.01.2022. Meanwhile, learned Assistant Government Pleader for Services-| may also file counter affidavit, if it so required. As it is stated that the enquiry is scheduled on 04.01.2022, the same shall be deferred by four (04) weeks."
To, {9 CON MM Sd/- P.Vinod Kumar ASSISTANT REGISTRA /ITRUE COPY// For ASSISTANT REGISTRAR . The Principal Secretary, Revenue (Endowments) Department, Secretariat, Velagapudi, Amaravati, Guntur District, State of Andhra Pradesh. The Commissioner of Endowments, Government of Andhra Pradesh, Gollapudi, Vijayawada, Krishna District.
. The Vigilance Commissioner, Revenue -Vigilance (IV), Endowment Department, Velagapudi, Guntur District.
The Inspector of Police, Ante Corruption Bureau (ACB), Visakhapatnam. The Deputy Superintendent of Police, Visakhapatnam Range, Visakhapatnam. . The Commissioner of Enquiries, Government of Andhra Pradesh, General Administration (COI - JS) Department, Vijayawada, Krishna District. (Addresses 1 to 6 by RPAD) One CC to M/s Bharadwaj Associates [OPUC] Two CCs to GP for Services II, High Court of Andhra Pradesh. [OUT] One spare copy HIGH COURT NJSJ DATED:03/01/2022 NOTE: LIST THE MATTER ON 17.01.2022 ORDER WP.No.30667 of 2021 INTERIM DIRECTION a fe 29 yan 2002