Andhra Pradesh High Court - Amravati
Y Venkata Subba Reddy vs The State Of Andhra Pradesh on 13 November, 2024
APHC010498552024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
WEDNESDAY ,THE THIRTEENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 25665/2024
Between:
1. Y VENKATA SUBBA REDDY, S/O. Y RAMA KONDA REDDY AGED
ABOUT 73 YEARS, OCC RETD. DIVISIONAL PANCHAYAT OFFICER,
R/O. D.N0.4-74/4G, SVM PLAZA TIRUCHANUR ROAD,
PADMAVATHIPURAM, TIRUPATI, TIRUPATI DISTRICT, ANDHRA
PRADESH
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT
DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI.
2. THE SPECIAL CHIEF SECRETARY TO GOVERNMENT, PANCHAYAT
RAJ AND RURAL DEVELOPMENT DEPARTMENT GOVERNMENT
OF ANDHRA PRADESH, SECRETARIAT, VELAGAPUDI,
AMARAVATHI, ANDHRA PRADESH.
3. THE COMMISSIONER OF PANCHAYAT RAJ AND RURAL
DEVELOPMENT, TADEPALH GUNTUR DISTRICT.
4. THE DISTRICT COLLECTOR, , KURNOOL DISTRICT AT KURNOOL.
5. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT AT CHITTOOR.
2
6. THE DISTRICT PANCHAYAT OFFICER, KURNOOL DISTRICT AT
KURNOOL.
7. THE DISTRICT PANCHAYAT OFFICER, CHITTOOR DISTRICT AT
CHITTOOR.
8. THE DIVISIONAL PANCHAYAT OFFICER, MADDANAPALLE,
CHITTOOR DISTRICT.
...RESPONDENT(S):
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, order or direction more particularly one in the nature
of Writ of Mandamus, declaring the action of the Respondents in not taking
any action on the Petitioners representations dated 06/04/2024, and
22/10/2024 and not regularizing the period of suspension from 07/06/2007 to
16/05/2008 as duty for all purposes under the provisions of F.R. 54-B and not
sanctioning the regular pension and not settling the retirement benefits to the
Petitioner inspite of honorable acquittal from the Court of Special Judge for
SPE and ACB Cases-cum-ll Addl. District and Sessions Judge, Nellore, on
18/03/2024 in C.C. No.37 of 2015, as illegal, arbitrary, violation of Principles
of Natural Justice and violation of Articles 14, 19(1)(g) and 21 of the
Constitution of India and consequently direct the Respondents to forthwith
regularize the suspension period from 07/06/2007 to 16/05/2008 under F.R.
54-B and sanction the regular pension to the Petitioner and to release all the
retirement benefits due to the Petitioner, and pass
IA NO: 1 OF 2024
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
direct the Respondents to take immediate action on the Petitioner's
representations dated 06/04/2024, and 22/10/2024 and to forthwith regularize
the suspension period from 07/06/2007 to 16/05/2008 under F.R. 54-B and
sanction the regular pension to the Petitioner and to release all the retirement
benefits due to the Petitioner, and pass
Counsel for the Petitioner:
1. P S P SURESH KUMAR
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
The Court made the following ORDER:
Heard Sri P.S.P.Suresh Kumar, learned counsel for the petitioner and
Sri S.Raju, learned Assistant Government Pleader for Services-I for
respondents 1 to 8.
2. The petitioner, a retired Divisional Panchayat Officer, filed the above
writ petition complaining inaction on the part of the respondents in considering
the representations dated 06.04.2024 and 22.10.2024 and not regularizing the
period of suspension from 07.06.2007 to 16.05.2008, on duty, despite
acquittal in C.C.No.37 of 2015 on the file of Special Judge for SPE & ACB
Cases-cum-II Additional District & Sessions Judge, Nellore, as illegal and
arbitrary.
3. The Inspector of Police-3, Anti Corruption Bureau, Tirupati Range filed a
charge sheet in Crime No.04/RCA-TCT/2007 against the petitioner for the
offences punishable under Sections 13(2) r/w 13(1)(e) of Prevention of
Corruption Act, 1988 alleging that the petitioner acquired disproportionate
assets who has no source of income. On contest, the case ended in acquittal
by judgment dated 18.03.2024.
4. When the crime was registered against the petitioner, the petitioner was
suspended on 07.06.2007 and thereafter, he was reinstated into service on
16.05.2008. Pending the criminal case, the petitioner retired on 31.05.2010 on
attaining the age of superannuation.
5. Since the criminal case ended in acquittal, the petitioner made
representations dated 06.04.2024 and 22.10.2024 seeking regularization of
the period of suspension from 07.06.2007 to 16.05.2008 and also to settle the
retirement benefits. The District Panchayat Officer - 6th respondent addressed
a letter (Ex.P.11) dated 06.04.2024 to the 3rd respondent vide
Roc.No.342/Pts.A1/2024, dated 06.04.2024 to take further action. However,
no orders are passed.
6. Thus, as seen from the material available on record, there is no dispute
about the acquittal of the petitioner in the criminal case and further the
petitioner making representations to the respondent authorities seeking
regularization of the suspension period and also to settle the retirement
benefits. Ex.P.11 supports the case of the petitioner regarding making
representations.
7. Given the facts and circumstances of the case, the Writ Petition is
disposed of at the admission stage, with the consent of learned counsel on
either side directing the respondents 2 and 3 to consider the petitioner's
representations dated 06.04.2024 and 22.10.2024 (Exs.P.1 & P.10) and also
communication from the 6th respondent to 3rd respondent Ex.P.11 and pass
appropriate orders strictly as per rules within four (4) months from the date of
receipt of the copy of this order. No order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________
JUSTICE SUBBA REDDY SATTI
Date: 13.11.2024
KA
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 25665/2024
Date: 13.11.2024
KA
