Rallapalli Vigneswarudu Vs the State of Ap

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 appropriate Writ or order or direction, more particularly in the nature of Writ of Mandamus, declaring the action of the Respondent in initiating disciplinary proceedings against the retired Petitioner after a lapse of ten years as arbitrary, illegal, unjust and in violation of the fundamental rights

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of the Petitioner; b. Issue a writ of certiorari calling^{fortherecordsrelatingto} G.O,Rt.No.51, Environment, Forest, Science, and Technology (SECIV)Department, dated 05/07/2023, and quash the same^and all consequent proceedings as illegal, arbitrary, unjust, highly belated, and as being in violation of the fundamental rights of the Petitioner;^{andc.consequentlydirect} the Respondents to forthwith release all the service benefits in terms of seniority, increments, gratuity, and all other pensionary benefits to the Petitioner and pass such other order or orders as this^{Hon’bleCourtmay} deem proper and necessary in the circumstances of the^case. It is also just and essential that the Hon'ble court maybe pleased to grant stay of all further proceedings including conducting of departmental enquiry against the petitioner pursuant to G.O.Rt.No.51 Enw^nment, Forest, Science, and Technology (SEC-IV)Department dated 06^7/2023 pending^{disposalofabove} Writ Petition lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition,^{theHighCourtmaybepleasedto} grant stay of all further proceedings including conduct of departmental enquiry against the petitioner pursuant to G.O.Rt.No.51^{Environment,Forest,} Science, and Technology (SEC-IV) Department dated 05/07/2023^pending disposal of above Writ Petition.

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lA NO: 2 OF 2024

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Between:

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The Principal Chief Conservator of Forests, Guntur,^{AndhraPradesh.} 2. The Chief Conservator of Forests Visakhapatnam Circle, Visakhapatnam.

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...Petitioner/Respondent

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AND

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Rallapalli Vigneswarudu, S/o Ramachandra Rao.aged^{65yearsR/oMIG.} Baba Metta, VUDA colony,

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148, SBI Dasannapet Branch, Vizianagaram, AP.

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...Respondent/Petitioner

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1. The State of AP, Rep.by its Principal Secretary, Forest Department, Tadepalli, Vijayawada.

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The Director General, Anti Corruption Bureau, Vijayawada, Andhra Pradesh.

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(Respondent No. 2 and 3 are formal parties)

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition,^{theHighCourtmaybepleasedto} vacate the interim orders in W.P.No.4078 of 2024, dt.27.02.2024^anddismiss the writ petition. /

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lA NO: 3 OF 2024

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Between:

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The State of AP, Rep.by its Principal Secretary, Forest^Department Tadepalli, Vijayawada.

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...Petitioner/Respondent

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AND

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Rallapalli Vigneswarudu, S/o Ramachandra Rao,aged 65years^R/oMlG. Baba Metta, VUDA colony.

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148, SBI Dasannapet Branch Vizianagaram, AP.

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...Respondent/Petitioner

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The Principal Chief Conservator of Forests, Guntur,^{AndhraPradesh.} 3. The Chief Conservator of Forests, Visakhapatnam Circle Visakhapatnam.

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The Director General, Anti Corruption Bureau, Vijayawada, Andhra Pradesh. (Respondent No. 2 and 3 are formalT^'rties)

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...Respondents

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders in I.A.No. 1 of 2024 in W.P.No.4078 of 2024, dt.27.02.2024 and dismiss the writ petition. /

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Counsel for the Petitioner: M/s C SINDHU KUMARI

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Counsel for the Respondent No. 4: M/s A GAYATHRI REDDY STANDING COUNSEL for ACB

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Counsel for the Respondent Nos. 1 to 3: GP FOR SERVICES I

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The Court made the following order:

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APHC010072322024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460] (Special Original Jurisdiction)

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MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 4078/2024

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Between;

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1.RALLAPALLI VIGNESWARUDU, S/0 RAMACHANDRA RAO, AGED 65YEARS R/OMIG. 148,SBI DASANNAPET BRANCH , BABA METTA, VUDA COLONY, VIZIANAGARAM, AP.

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...PETITIONER

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AND

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1.THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, FOREST DEPARTMENT, TADEPALLI, VIJAYAWADA.

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2.THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, GUNTUR, ANDHRA PRADESH.

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3.THE CHIEF CONSERVATOR OF FORESTS, VISAKHAPATNAM CIRCLE, VISAKHAPATNAM.

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4.THE DIRECTOR GENERAL, ANTICORRUPTIONBUREAU, VIJAYAWADA, ANDHRA PRADESH.

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...RESPONDENT(S);

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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 appropriate Writ^Order,more the nature of Writ of Mandamus, quashing particularly, in G.O.Rt.No.51, Environment, Forest, Science, and Technology^(SEC

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IV) Department dated 05/07/2023 and all subsequent^{consequential} proceedings to the said G.O.Rt.No.51 dated 05/07/2023^andpass such other order.

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lA NO: 1 OF 2024

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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 including conduct of departmental enquiry^againstthe petitioner pursuant to G.O.Rt.No.51, Environment, Forest,^Science, and Technology (SEC-IV) Department dated 05/07/2023 pending disposal of above Writ Petition, and pass such other^order.

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lA NO: 2 OF 2024

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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 vacate the interim orders in W.P.No.4078 of 2024, dt.27.02.2024 and dismiss the writ petition and pass such other order.

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lA NO: 3 OF 2024

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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 vacate the interim orders in I.A.No.1 of 2024 in W.P.No.4078 of 2024, dt.27.02.2024^anddismiss the writ petition and pass such other order.

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Counsel for the Petitioner:

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1.CSINDHU KUMARI

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Counsel for the Respondent(S):

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1 .A GAYATHRI REDDY Standing Counsel for ACB cum Spl.^PP

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2.GP FOR SERVICES 1 (AP)

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The Court made the following:

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%

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION No.4078 of 2024

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ORDER:

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The present Writ Petition is filed questioning the^action of Respondents in initiating disciplinary proceedings against the Petitioner, who retired from service, after a lapse of 10 (ten) years. as illegal and arbitrary and to quash the departmental enquiry initiated by Respondent No.1 against the Petitioner vide G.O.Rt.No.51, Environment, Forests, Science & Technology (Ser.lV) Department, dated 05.07.2023.

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The Petitioner worked as Forest Range Officer, Palakonda. When the Petitioner was posted as Deputy Forest Range Officer, V. Madugula and in-charge Forest Range officer, Chodavaram, Visakhapatnam District, in the year 2014, the ACB allegedly^laida trap on the Petitioner on the complaint given by one Maddala Satyanarayana on the allegation of bribe and was alleged^tohave been caught red-handed on 05.06.2014. The Petitioner was initially suspended from service and was reinstated into service. Thereafter, the Petitioner was promoted as Forest Range Officer and was permitted to retire from service on 30.09,2017. While so, the

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impugned charge-memorandum under Rule 20 of A.P.C.S (CCA) Rules, 1991 was issued on 05.07.2023 vide G.O.Rt.No.51 with regard to alleged incident of demand and acceptance^ofbribeon 05.06.2014. Hence, this Writ Petition.

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Learned counsel for the Petitioner contended that the incident took place in the year 2014 and after a lapse of almost ten (10) years Respondent No.1 issued Article of Charge against the Petitioner vide G.O.Rt.No.51, dated 05.07.2023 and the said delay in initiating the departmental proceedings is arbitrary and illegal. Hence, the present Writ Petition came to be filed. It was further contended that the impugned proceedings are contrary to Rule 9(2)(b) of Andhra Pradesh Revised Pension Rules, 1980 as the^limit of four (4) years has to be considered from the date of incident and therefore the impugned proceedings cannot be sustained.

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Sri S. Raju, learned Assistant Government Pleader would submit that the Petitioner was issued the impugned proceedings taking note of the fact that he had committed an act of misconduct.

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Heard the respective counsel.

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The Article of Charge against the Petitioner reads as under:

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“That Sri Rallapalli Vigneswarudu @ Vigneswara Rao while functioning as Deputy Forest Range officer, V. Madugula and In-charge Forest Range Officer, Chodavaram during the period between 30.05.2014 to 05.06.2014 committed grave misconduct abusing his official position by demanding and accepting bribe^amount of Rs. 12,000/on 05.06.2014 from Maddala Satyanarayana, S/o Late Seetaramayya towards gratification other than legal remuneration as a motive^for showing the official favour for handing over the permit^to transport teak wood logs from the fields of Sri Maddala Satyanarayana situated at M. Krishnapuram Village, V. Madugula Mandal to Pakirthakiya, Duvvada Sation Road, Visakhapatnam.

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That Sri Rallapalli Vigneswarudu @ Vigneswara Rao, the then Deputy Forest Range Officer, V. Madugula and In-charge Forest Range Officer, Chodavaram in pursuance of his earlier demand accepted the amount of Rs. 12,000/from Sri M. Satyanarayana, received the said bribe^amount of Rs. 12,000/with his left hand and gave it to the Technical Maistry Sri Mani Babu, who is standing in^front of him for safe custody.

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Thus Sri Rallapalli Vigneswarudu @ Vigneswara Rao, the then Deputy Forest Range Officer, V. Madugula and In-charge Forest Range Officer, Chodavaram by his above mentioned acts has exhibited lack of integrity, devotion^to

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duty and conduct unbecoming of a member of service^and violated Rule 3(1 )(2) and (3) of A.P. Civil Services (Conduct) Rules, 1964 r/w Rule 9 of A.P. Revised Pension Rules, 1980.’’

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The statement of imputation against the Petitioner also refers to this alleged misconduct only. The allegation as^{mentionedinthe} Article of Charge is that the Petitioner committed grave misconduct abusing his official position by demanding and accepting bribe amount of Rs.12,000/- on 05.06.2014.

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As per Rule 9(2)(b) of Andhra Pradesh Revised Pension Rules, 1980, no disciplinary case'can be initiated against a retired employee, with regard to event which is four (4) years prior to the institution of disciplinary proceedings. The prescription^{oflimitationof} four (4) years is with reference to the date of incident/event which lead to initiation of departmental enquiry. The Rule 9(2)(b)(i)(ii) of Andhra Pradesh Revised Pension Rules reads as under;

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“(b) The Departmental proceedings, if not instituted while the Government servant was In service, whether before his retirement or during his re-employment:

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(i) shall not be Instituted save with sanction of Government,

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(il) shall not be in respect of any event which took place more than 4 years before such Institution. ”

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In view of the same, in the present case, the incident^occurred on 05.06.2014 and charge-memorandum was issued on 05.07.2023 is beyond the four (4) years period prescribed under^{Rule9(2)(b)(ii)} of Andhra Pradesh Revised Pension Rules, 1980.

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Accordingly, the Writ Petition is allowed quashing^thecharge memorandum issued vide G.O.Rt.No.51, Environment, Forests, Science & Technology (Ser.lV) Department, dated 05.07.2023.

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