Andhra Pradesh High Court
WP/27183/2023 of HENRY KUMAR Vs THE STATE OF AP on 6 July 2026
ANDHRA PRADESH AT AMARAVATI MAIN CASE No.: W.P.No.27183 of 2023 PROCEEDING SHEET Sl.No DATE ORDER OFFICE NOTE 03. 07.07.2026 BM, J The Writ Petition is disposed of . (Vide separate Order) _____ BM, J SAK
Date of reserved for orders
Date of pronouncement
Date of uploading
APHC010523682023
IN TH
TUES
THE HONOUR
WR
Between:
1. HENRY KUMAR, S
DEPUTY DIRECTO
USHANAGAR COLO
1. THE STATE OF
AGRICULTURE
A
SECRETARIAT AT
2. THE
COMMISSIO
MARKETING, GOV
Petition under Articl
circumstances stated in
pleased to issue a writ i
writ, order or direction, b
bearing G.O.Rt.No.262,
dt.18-04-2023, a Charge
after lapse of about 3 yea
its continuance and cons
D.Dis.No.P-2-18021/26/2
to that of provisional pe
s : ------
: 07.07.2026
: 08.07.2026
E HIGH COURT OF ANDHRA PRAD
AT AMARAVATI
(Special Original Jurisdiction)
SDAY, THE 7th DAY OF JULY 2026
PRESENT
RABLE SRI JUSTICE BALAJI MEDAM
RIT PETITION NO: 27183/2023
S/O. JEEVARATNAM, AGED ABOU
OR OF MARKETING (RETD.), R/O. H
ONY, C.G.PALLI POST, CHITTOOR
AND
AP, REP., BY ITS PRINCIPAL
AND
CO-OPERATION
(VIG.II)
D
VELAGAPUDI, GUNTUR DISTRICT.
ONER
AND
DIRECTOR
OF
AG
T. OF A.P., GUNTUR, GUNTUR DIST
...RES
le 226 of the Constitution of India pra
the affidavit filed therewith, the High
n the nature of Mandamus or any ot
by declaring the proceedings of the
Agriculture and Cooperation (Vig.
e Memo, initiation of disciplinary proc
ars from the date of his retirement i.e.
sequential proceedings of the 2nd resp
2020, dt. 14-09-2023, modifying the r
ension, though he had drawn the e
DESH
MALLI
UT 63 YEARS,
H.NO.24-209/1,
DISTRICT.
...PETITIONER
SECRETARY,
DEPARTMENT,
GRICULTURAL
TRICT.
SPONDENT(S):
aying that in the
h Court may be
ther appropriate
1st respondent
II) Department,
ceedings, nearly
30-06-2020 and
pondent bearing
regular pension,
entire retirement
benefits in pursuance of the 2nd respondent dt.26-06-2020, as illegal, arbitrary and unconstitutional being violative of Articles 14, 16 and 21 of Constitution of India, contrary to law laid down by the Hon’ble Supreme Court as well as G.O.Ms.No.679, G.A. (Services-C) Dept., dt.1-11-2008 and set aside the same in the interest of justice and to pass IA NO:1 OF 2023
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 suspend the proceedings of the Respondents 1 and 2 bearing G.O.Rt.No.262, Agriculture and Co-operation (Vig.II) Department, dt.18-04-2023 and proceedings bearing D.Dis.No.P-2-18021/26/2020, dt.14-09-2023, respectively, pending final disposal of the main W.P., and to pass Counsel for the Petitioner:
1.S GOPAL RAO
Counsel for the Respondent(S):
1.GP FOR SERVICES II
The Court made the following:
THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI
WRIT PETITION NO: 27183/2023
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ORDER:
1. This Writ Petition is filed challenging G.O.Rt.No.262, Agriculture & Co- operation (Vig.II) Department, dated 18.04.2023, whereby disciplinary proceedings were initiated against the petitioner by issuing a charge memo, despite the petitioner having retired from service on 30.06.2020, and the continuance of the said proceedings, including the consequential proceedings issued by respondent No.2 in D.Dis.No.P-2-18021/26/2020, dated 14.09.2023.
2. The grievance of the petitioner is that, while he was working as Deputy Director of Marketing, O/o Commissioner and Director of Agricultural Marketing, Guntur, certain charges were framed against him alleging that he had processed the service pension proposal of Smt. G. Sakunthala, Junior Marketing Supervisor, AMC, Proddatur. During scrutiny, it was noticed that an excess amount had been paid to the said Smt. G. Sakunthala. On the said basis, the petitioner was charged with gross negligence and failure to maintain absolute integrity, devotion to duty, and conduct unbecoming of the public servant, thereby contravening Rule 3 of the A.P.C.S. (Conduct) Rules, 1964. Pursuant to the issuance of charge memorandum, the petitioner submitted his explanation on 23.01.2023. However, the disciplinary proceedings are still pending and have not attained finality.
3. Pursuant to the initiation of the disciplinary proceedings, the respondent authorities discontinued payment of regular pension and have been paying only provisional pension to the petitioner in terms of the proceedings dated 22.07.2022. The main grievance of the petitioner is that, although the disciplinary proceedings were initiated as early as 18.04.2023, the enquiry has not been concluded till date. Though the petitioner has raised several grounds challenging the initiation of disciplinary proceedings for recovery of the excess amount allegedly paid to a retired employee, the learned counsel for the petitioner has confined the relief sought to a direction to the respondent authorities to conclude the disciplinary enquiry within the stipulated period envisaged under G.O.Ms.No.679, General Administration (Services-C) Department, dated 01.11.2008, as reiterated in G.O.Ms.No.91, General Administration (Services-C) Department, dated 12.09.2022.
4. Having regard to the aforesaid submission made by the learned counsel for the petitioner, and upon hearing the learned Assistant Government Pleader, this Court deems it appropriate to direct the respondent authorities to conclude the disciplinary proceedings initiated pursuant to G.O.Rt.No.262, Agriculture & Co-operation (Vig.II) Department, dated 18.04.2023, as expeditiously as possible and, in any event, within a period of four (04) months from the date of receipt of a copy of this order.
5. It is further made clear that, in the event the respondent authorities fail to conclude the disciplinary proceedings within the aforesaid period without any justifiable reason attributable to the petitioner, the petitioner shall be entitled to payment of full regular pension, notwithstanding the pendency of the disciplinary proceedings, subject to the final outcome thereof and in accordance with law.
6. Accordingly, the Writ Petition is disposed of with the above directions. There shall be no order as to costs.
Interim orders, if any, granted earlier shall stand vacated, and all pending miscellaneous petitions, if any, shall stand closed.
__________________________ JUSTICE BALAJI MEDAMALLI
Date: 07.07.2026 SAK Whether the order is: Speaking ☑ Reasoned
Reportable
Non-reportable ☑
THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI
WRIT PETITION NO: 27183/2023
Date: 07.07.2026
SAK