L.Ch.Thirupelu Reddy vs The State Of Andhra Pradesh
2022 Latest Caselaw 5217 AP

            HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

MAIN CASE No: W.P.No.25791 of 2022

                               PROCEEDING SHEET

Sl.                                                                           OFFICE
        DATE                               ORDER
No.                                                                            NOTE
 1    17.08.2022   Dr. KMR,J


                          Notice before admission.
                          Learned counsel for the petitioner is present.
                          Learned Government Pleader for Services-I
                   takes notice for the respondents.

Heard both sides.

Learned counsel for the petitioner represented that the petitioner was retired from service w.e.f 31.07.2016 on attaining the age of superannuation vide G.O.Rt.No.197, E.F.S & T Department, dated 25.7.2016. His retiral benefits were released and he is getting monthly pension also. While so, to his surprise, he was issued article of charge vide G.O.Rt.No.54, EFS & T Department, dated 9.6.2022, in respect of the incident/event pertains to 13.5.2001 to 7.4.2003, while he was working as Sub-Divisional Forest Officer, Eleshwaram, Kakinada Division of Rajahmundry Circle.

Learned counsel for the petitioner further represented that in view of Rule 9(2)(b)(ii) of the A.P. Revised Pension Rules, 1980, the Government has no power and jurisdiction either to grant sanction or to issue article of charge, as the article of charge pertains to 13.5.2001 to 7.4.2003, i.e., beyond four years from the date of retirement of the petitioner.

He relies upon the judgment of Hon'ble Supreme Court in the case of M.V.Bijlani v. Union of India & others reported in (2006) 5 SCC 88, P.V.Mahadevan v. MD, T.N. Housing Board reported in (2005) 6 SCC 636 and State of A.P. v. N.Radhakishan reported in (1998) 4 SCC 154 for the proposition that the departmental proceedings can be quashed on the ground of inordinate delay in

initiation of departmental proceedings or finalization of departmental proceedings.

Learned Government Pleader for Services-I has furnished the instructions submitted by the District Forest Officer, Kakinada Division, Kakinada, vide Rc.No.5556/2018-P2, dated 17.8.2022, wherein it was stated that the Government has taken a decision to issue an article of charge against the petitioner for his slack supervision and intentional allowing of illegal mining in Compartment No.632 of Thotapali R.F., Kothuru Beat, Sankhavaram Section, Yeleswaram Range of Kakinada Division.

In view of the above facts and circumstances and the settled law cited above, there shall be an interim suspension of the impugned G.O.Rt.No.54, E.F.S. & T (SEC.IV) Department, dated 09.06.2022 and Government Memo.No.887/Sec.IV/A1/2018-4, E.F.S. & T (SEC.IV) Department, dated 01.01.2019.

For filing counters, post on 19.09.2022.

________ Dr. KMR,J HS