WP/17997/2022 of B LAKSHMI NARAYANA Vs The State of Andhra Pradesh, on 29 December 2023

1. The State of Andhra Pradesh, rep. by its Principal Secretary, MunicipalAdministration and Urban Development Department, Secretariat,Velagapudi, Amaravathi, Guntur District.Administration and Urban Development Department, Secretariat,Velagapudi, Amaravathi, Guntur District.

2. The Commissioner and Director of Municipal Administration,[Andhra]Pradesh, Prime Hill Crest Building,4''^ Floor, Near DGP[ Office,]Vaddeswaram Village, Mangalagiri -522 502.Pradesh, Prime Hill Crest Building,4''^ Floor, Near DGP[ Office,]Vaddeswaram Village, Mangalagiri -522 502.

3. The Regional Joint-Cum-Appellate Commissioner of MunicipalAdministration, Anantapuram Region, Anantapuram, AnantapuramDistrict.Administration, Anantapuram Region, Anantapuram, AnantapuramDistrict.

4. The Nandikotkur Municipality, rep.by its Municipal Commissioner,Nandikotukur, Nandyal District.Nandikotukur, Nandyal District.

The District Audit Officer, State Audit, Kurnool, Kurnool[District.]

5.

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue writ, order or direction more particularly[one]inthenature of writ of mandamus declaring the G.O.Rt.No.286[dated][ 05.05.2022]issued by the1®* respondentin whicha punishment of Spercent cutin pensionforaperiodof10 yearsbesidesrecoveryofanamountofRs.31,470/- though the disciplinary proceedings were ended as per theordersofthisHonourableCourtinW.P.No.26265of2021dated19.11.2021,as void,illegal, arbitrary, unconstitutional and contrary to theA.P. C.S.(CC and A) Rules and set aside the same with all consequentialbenefits.

lA NO:1 OF 2022

Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to suspend the operation of the impugned G.O.Rt.No.286[dated]05.05.2022 issued by the 1®' respondent by taking into[consideration][ of][ the]judgment passed by this Honourable Court in W.P.No.26265 of 2021 dated19.11.2021,orin the alternate this Honourable Court may be pleasedtogrant stay of recovery in pursuant to the impugned[G.O.Rt.No.286][ dated]05.05.2022 issued by the 1®* respondent pending disposal[of][ the][ above][ writ]petition.

Counsel for the Petitioner: SRI SJAGADISH

• WRIT PETITION NO: 17104 OF 2022

Between:

V.C.Obulesu, S/o V. Chennappa, aged about 62 years,[Occ.]RetiredJunior Assistant,NandyalMunicipality,KurnoolDistrict,R/o.H.No.25/419-2, Saleem Nagar, Nandyal, Nandyal District,[Andhra][ Pradesh.]

AND

...Petitioner

1. The State of Andhra Pradesh, rep. by its Principal Secretary, MunicipalAdministration and Urban Development Department, Secretariat,Velagapudi, Amaravathi, Guntur District.Administration and Urban Development Department, Secretariat,Velagapudi, Amaravathi, Guntur District.

2. The Commissioner and Director of Municipal Administration,[Andhra]Pradesh, Prime Hill Crest Building,4^'' Floor, Near DGP Office,Vaddeswaram Village, Mangalagiri -522 502.Pradesh, Prime Hill Crest Building,4^'' Floor, Near DGP Office,Vaddeswaram Village, Mangalagiri -522 502.

3. The Regional Joint-Cum-Appellate Commissioner of MunicipalAdministration, Anantapuram Region, Anantapuram, AnantapuramDistrict.Administration, Anantapuram Region, Anantapuram, AnantapuramDistrict.

4. The Nandyal Municipality, rep.by its Municipal Commissioner, NandyalNandyal District.Nandyal District.

5. The District Audit Officer, State Audit, Kurnool,[Kurnool][ District.]

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleasedto issuewrit, order or direction more particularly[one]inthenature of writ of mandamus declaring the G.O.Rt.No.290[dated][ 05.05.2022]issued by the1®* respondentin which a punishment of 3 percent cutinpensionForaperiodof10yearsbesidesrecoveryofanamountof,Rs.2,82,693/- though the disciplinary proceedings were ended as per the■orders of this Hon'ble Courtin W.P.No.23224 of 2021 dated 19.11.2021,asvoid, illegal, arbitrary, unconstitutional and contrary to the A.P. C.S.(CC andA) Rules and set aside the same with all consequential[benefits.]

Petition under Section151 CPC praying thatin the[circumstances]stated 1n the affidavit filed in support of the petition, the High Court may bepleased to suspend the operation of the impugned G.O.Rt.No.290dated05.05.2022 issued by the 1®* respondent by taking into[consideration][ of][ the]judgment passedby thisHon'ble Courtin W.P.No.23224of 2021dated19.11.2021,or in the alternate this Hon'ble Court may be pleased to grant.interim stay of recovery in pursuant to the impugned[G.O.Rt.No.290][ dated]• 05.05.2022 issued by the 1®‘ respondent pending disposal[of][ the][ above][ writ]petition.

Between:

G.V. Krishna Murthy, S/o G.P. Gurappa, aged about 60 years, Occ-Retd.Bill-Collector,NandyalMunicipality,R/o29/178-H-50-2,SBIColony, Sunkulamma Temple Street, Near Rani PrameelaHospital,Nandyal, Nandyal District, Andhra Pradesh.

...PetitionerAND1. The State of Andhra Pradesh, rep. by its Principal Secretary, MunicipalAdministration and Urban Development Department, SecretariatVelagapudi, Amaravathi, Guntur District.Administration and Urban Development Department, SecretariatVelagapudi, Amaravathi, Guntur District.

2. The Commissioner and Director of Municipal Administration,[Andhra]Pradesi, Prime Hill Crest Building,4th Floor,Near DGP OfficeVaddeswaram Village, Mangalagiri -522 502.Pradesi, Prime Hill Crest Building,4th Floor,Near DGP OfficeVaddeswaram Village, Mangalagiri -522 502.

3. The Regional Joint-Cum-Appellate Commissioner of MunicipalAdministration, Anantapuram Region, Anantapuram, AnantapuramDistrict.Administration, Anantapuram Region, Anantapuram, AnantapuramDistrict.

4. The Nandyal Municipality, rep.by its Municipal Commissioner, NandyalNandyal District.Nandyal District.

5. The District Audit Officer, State Audit, Kurnool, Kurnool District

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Courtmaybe pleased to issue writ, order or direction more particularly[one]inthenature of writ of mandamus declaring the G.O.Rt.No.287 dated 05.05.2022issued by therespondent in which a punishment of 3 percentcutinpensionforaperiodof10 years besidesrecoveryofanamountofRs.2,23,734/- though the disciplinary proceedings were ended as per theorders of this Hon'ble Court in W.P.No.23336 of 2021dated 19.11.2021asvoid, illegal, arbitrary, unconstitutional and contrary to the A.P. C.S.(CC andA) Rules and set aside the same with all consequential[benefits.]

P6tition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to suspend the operation of the impugned G.O.Rt.No.287 dated05.05.2022 issued by the 1®* respondent by taking into consideration of thejudgment passed by this Hon'ble Court in W.P.No.23336of 2021dated19J 1.2021,or in the alternate this Hon'ble Court may be pleased to grantstayofrecoveryinpursuanttotheimpugnedG.O.Rt.No.287dated05.05.2022 issued by the 1®‘ respondent pending disposal[of][ the][ above][ writ]petition.

. Counsel for the Petitioner: SRI S.JAGADISH

Counsel for the Respondents: GP FOR SERVICES - IVWRIT PETITION NO: 17994 OF 2022

Between:

S Venkateswara Goud, S/o S. Venkatapathy, Aged about 48 yearsOcc. Senior Asst., Dhone Municipality, Dhone, Nandyal[District.]

AND

1. The State of Andhra Pradesh, rep. by its Principal Secretary, MunicipalAdministration and Urban Development Department, SecretariatVelagapudi, Amaravathi, Guntur District.Administration and Urban Development Department, SecretariatVelagapudi, Amaravathi, Guntur District.

2. The Commissioner and Director of Municipal Administration,[Andhra]Pradesh, Prime Hill Crest Building, 4*^ Floor, Near DGP OfficeVaddeswaram Village, Mangalagiri -522 502Pradesh, Prime Hill Crest Building, 4*^ Floor, Near DGP OfficeVaddeswaram Village, Mangalagiri -522 502

3. The Regional Joint-Cum-Appellate Commissioner of MunicipalAdministration, Anantapuram Region, Anantapuram, AnantapuramDistrict.Administration, Anantapuram Region, Anantapuram, AnantapuramDistrict.

4. The Dhone Municipality, rep.by its Municipal Commissioner, Dhone,Nandyal District.Nandyal District.

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or direction more particularly[one]in thenature of writ of mandamus declaring the G.O.Rt.No.281[dated][ 05.05.2022]issued by the1®^ respondent in which a punishment of stoppageof two’annual grade incrementswithcumulativeeffect besides recovery .of anamount of Rs.14,72,772/- though the disciplinary proceedings[were][ ended]as'per the orders of this Hon'ble Court in W.P.No.30669of 2021dated28.12.2021,as void,illegal, arbitrary, unconstitutional and contraryto theA.P. C.S.(CC and A) Rules and set aside the same with all consequentialbenefits.

Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to suspend the operation of the impugned G.O.Rt.No.281dated05.05.2022 issued by the 1®* respondent by taking into[consideration][ of][ the]■judgment passed by this Hon'ble Courtin W.P.No.30669of 2021dated28.12.2021,or in the alternate this Hon'ble Court may be pleased to grantinterim stay of recovery in pursuant to the impugned[G.O.Rt.No.281]dated05.05.2022 issued by the 1®' respondent pending disposal[of][ the][ above][ writ]petition.

Between:

CRasool,S/oC. Jamal Saheb, aged about 59years,Occ.Bill-Collector, Allagadda Municipality, Allagadda, Nandyal[District.]

AND

...Petitioner

1. The State of Andhra Pradesh, rep. by its Principal Secretary, MunicipalAdministration and Urban Development Department, Secretariat,Velagapudi, Amaravathi, Guntur District.Administration and Urban Development Department, Secretariat,Velagapudi, Amaravathi, Guntur District.

2. The Commissioner and Director of Municipal Administration,[Andhra]Pradesh, Prime Hill Crest Building,4th Floor,Near DGP Office,Vaddeswaram Village, Mangalagiri -522 502.Pradesh, Prime Hill Crest Building,4th Floor,Near DGP Office,Vaddeswaram Village, Mangalagiri -522 502.

3. The Regional Joint-Cum-Appellate Commissioner of MunicipalAdministration, Anantapuram Region, Anantapuram, AnantapuramDistrictAdministration, Anantapuram Region, Anantapuram, AnantapuramDistrict "■4. The Allagadda Municipality, rep.by its Municipal Commissioner,Allagadda, Nanadyal District.Allagadda, Nanadyal District.

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybepleasedto issue writ, order or direction more particularly[one]inthenature of writ of mandamus declaring the G.O.Rt.No.285[dated][ 05.05.2022]issued by the1Strespondentin which a punishment of stoppage of oneannualgradeincrementwithcumulativeeffectbesides recoveryof anamount of Rs.4,09,053/- though the disciplinary proceedings[were ended][ as]pertheordersofthisHon'bleCourtin W.P.No.23516of2021dated24.11.202T,as void,illegal,arbitrary,unconstitutional and contrary to theA.P. C.S.(CC and A) Rules and set aside the same with all consequentialbenefits.

lA NO:1 OF 2022

Petition under Section151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to suspend the operation of the impugned G.O.Rt.No.285[dated]05.05.2022 issued by the 1®* respondent by taking into[consideration][ of][ the]judgment passed by thisHon'ble Courtin W.P.No.23516of 2021dated24.11.2021,or in the alternate this Hon'ble Court may be pleased to grantinterim stay of recovery in pursuant to the impugned[G.O.Rt.No.285][ dated]

’05.05.2022 issued by therespondent pending disposal of the aboye writ petition.

Between:

M. Ameer All Baig, S/o M. Hyder Baig, aged about 59 years, Occ. Bill-Collector, Allagadda Municipality, Allagadda, Nandyal[District.]Collector, Allagadda Municipality, Allagadda, Nandyal[District.]

AND

...Petitioner

1. The State of Andhra Pradesh, rep. by its Principal Secretary, MunicipalAdministration and Urban Development Department, Secretariat,Velagapudi, Amaravathi, Guntur District.Administration and Urban Development Department, Secretariat,Velagapudi, Amaravathi, Guntur District.

2. The Commissioner and Director of Municipal Administration,[Andhra]Pradesh, Prime Hill Crest Building,4‘'^ Floor, Near DGP Office,Vaddeswaram Village, Mangalagiri -522 502.Pradesh, Prime Hill Crest Building,4‘'^ Floor, Near DGP Office,Vaddeswaram Village, Mangalagiri -522 502.

3. The Regional Joint-Cum-Appellate Commissioner of MunicipalAdministration, Anantapuram Region, Anantapuram, AnantapuramDistrict.Administration, Anantapuram Region, Anantapuram, AnantapuramDistrict.

4. The Allagadda Municipality, rep.by its Municipal Commissioner,Allagadda, Nandyal District.Allagadda, Nandyal District.

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issuewrit, order or direction more particularly[one]inthenature of writ of mandamus declaring the G.O.Rt.No.282[dated][ 05.05.2022]issued by the1®* respondent in which a punishment of stoppage of oneannualgradeincrementwithcumulativeeffectbesidesrecoveryof anamount of Rs.6,45,428/- though the disciplinary proceedings[were][ ended][ as]pertheordersofthisHon'bleCourtin W.P.No.23482of2021dated24.11.2021,as void,illegal,arbitrary,unconstitutional and contraryto the A.P. C.S.(CC and A) Rules and set aside the same with all consequentialbenefits.

lA NO:1 OF 2022

Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to suspend the operation of the impugned G.O.Rt.No.282dated05.05.2022 issued by the 1®^ respondent by taking into[consideration][ of][ the]judgment passed by this Hon'ble Courtin W.P.No.23482of 2021dated24.11.2021, or in the alternate this Hon'ble Court may be pleased to grantinterim stay of recovery in pursuant to the impugned[G.O.Rt.No.282][ dated]05,05.2022 issued by the 1®^ respondent Pending disposal[of][ the][ above][ writ]petition.

. Between:

B Lakshmi Narayana, S/o B. Venkata Swamy, Aged about 43 years,Occ. Senior Assistant, Dhone Municipality, Dhone, Nandyal[District]

AND

...Petitioner

1. The State of Andhra Pradesh, rep. by its Principal Secretary, MunicipalAdministration and Urban Development Department, Secretariat,Velagapudi, Amaravathi, Guntur District.Administration and Urban Development Department, Secretariat,Velagapudi, Amaravathi, Guntur District.

2. The Commissioner and Director of Municipal Administration,[Andhra]Pradesh, Prime Hill Crest Building, 4‘^ Floor, Near DGP Office,Vaddeswaram Village, Mangalagiri -522 502Pradesh, Prime Hill Crest Building, 4‘^ Floor, Near DGP Office,Vaddeswaram Village, Mangalagiri -522 502

3. The Regional Joint-Cum-Appellate Commissioner of MunicipalAdministration, Anantapuram Region, Anantapuram, AnantapuramDistrictAdministration, Anantapuram Region, Anantapuram, AnantapuramDistrict

4. The Dhone Municipality, rep.by its Municipal Commissioner, Dhone,Nandyal District.Nandyal District.

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue writ, order or direction more particularly[one]inthenature of writ of mandamus declaring the G.O.Rt.No.280[dated][ 05.05.2022]issued by therespondentin which a punishment of stoppageof twoannual grade increments with cumulativeeffect besides recoveryof anamount of Rs.14,72,772/- though the disciplinary proceedings[were][ ended]as per the orders of this Hon'ble Courtin W.P.No.23254of 2021dated24.11.2021 ,as void,illegal,arbitrary,unconstitutional andcontrary to theA.P. C.S.(CC and A) Rules and set aside the same with all consequential. benefits.

Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to suspend the operation of the impugned G.O.Rt.No.280[dated]05.05.2022 issued by the 1®‘ respondent by taking into[consideration][ of][ the]judgment passed by this Hon'ble Courtin W.P.No.23254of 2021dated24.11.2021,or in the alternate this Hon’ble Court may be pleased to grantinterim stay of recovery in pursuant to the impugned[G.O.Rt.No.280][ dated]05.05.2022 issued by the 1^' respondent pending disposal[of][ the][ above][ writ]petition.

Counsel for the Petitioner: SRI SJAGADISH

Between:

J Prabhakar, S/o J. Subbarayudu, Aged about 58 years,Occ-Bill-Collector, Adoni Municipality, Adoni, Nandyal District,[Andhra][ Pradesh.]

AND

...Petitioner

1. The state of Andhra Pradesh, ,'rep. by its Principal Secretary, MunicipalAdministration and Urban Development Department, Secretariat,Velagapudi, Amaravathi, Guntur District.Administration and Urban Development Department, Secretariat,Velagapudi, Amaravathi, Guntur District.

2. The Commissioner and Director of Municipal Administration,[Andhra]Pradesh, Prime Hill Crest Building,Floor, Near DGP Office,Vaddeswaram Village, Mangalagiri -522 502.Pradesh, Prime Hill Crest Building,Floor, Near DGP Office,Vaddeswaram Village, Mangalagiri -522 502.

3. The Regional Joint-Cum-Appellate Commissioner of Municipal'Administration, Anantapuram Region, Anantapuram, AnantapuramDistrictDistrict

4. The Adoni Municipality, rep.by its Municipal Commissioner, Adoni,Nandyal District.Nandyal District.

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue writ, order or direction more particularly[one]inthenature of writ of mandamus declaring the G.O.Rt.No.283[dated][ 05.05.2022]-issued by the 1®* respondent in which a punishment of stoppage of one• annualgradeincrementwithcumulativeeffectbesidesrecoveryof anamount of Rs.12,328/- though the disciplinary proceedings[were ended][ as]pertheordersofthisHon'bleCourtin W.P.No.23275of2021dated24.11.2021,as void,illegal, arbitrary,unconstitutional and contrary to theA.P. C.S.(CC and A) Rules and set aside the same with all consequentialbenefits.

Petition under Section 151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to suspend the operation of the impugned G.O.Rt.No.283[dated]-05.05.2022 issued by the 1st respondent by taking[into][ consideration][ of][ the]•judgment passed by this Hon'ble Courtin W,P.No.23275of 2021dated24.11.2021 ,orin the alternate this Hon'ble Court may be pleased to grantinterim stay of recovery in pursuant to the impugned[G.O.Rt.No.283][ dated]

05.05.2022 issued by the 1®* respondent pending disposal[of][ the][ above][ writ]

petition.

Counsel for the Petitioner: SRI S.JAGADISHCounsel for the Respondents: GP FOR SERVICES - IV

Between:M.Mallikarjuna,S/o.M.Naganna, Aged about56years,Occ.JuniorAssistant,NandyalMunicipality,Nandyal,NandyalDistrict,AndhraPradesh....PetitionerAND1. The State of Andhra Pradesh, rep. by its Principal Secretary, MunicipalAdministration and Urban Development Department, Secretariat,Velagapudi, Amaravathi, Guntur District.2. The Commissioner and Director of Municipal Administration,[Andhra]Pradesh, Prime Hill Crest Building, 4*^ Floor, Near DGP Office,Vaddeswaram Village, Mangalagiri -522 502.3. The Regional Joint-Cum-Appellate Commissioner of MunicipalAdministration, Anantapuram Region, Anantapuram, AnantapuramDistrict.4. The Adoni Municipality, rep.by its Municipal Commissioner, Adoni,'Nandyal District.

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue writ, order or direction more particularly[one]inthenature of writ of mandamus declaring the G.O.Rt.No.284[dated][ 05.05.2022]issued by the1®* respondent in which a punishment of stoppage of oneannual gradeincrementwithcumulativeeffect besidesrecoveryoranamount Rs.16,098/- though the disciplinary proceedings were ended as perthe 24.11.2021, as void,illegal, arbitrary, unconstitutional and contrary to theA.P.C.S.(CCandA)Rulesandsetasidethesamewithallconsequential benefits.

Petition under Section 151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to suspend the operation of the impugned G.O.Rt.No.284dated05.05.2022 issued by the 1®‘ respondent by taking into[consideration][ of][ the]judgment passedby thisHon'ble Courtin W.P.No.23494of 2021dated24.11.2021,or in the alternate this Hon'ble Court may be pleased to grantinterim stay of recovery in pursuant to the impugned[G.O.Rt.No.284][ dated]'05.05.2022 issued by the 1®* respondent pending disposal[of][ the][ above][ writ]petition.

The Court made the following common order:

IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

WRIT PETITION Nos.17102. 17104, 17139, 17994,17995.17996, 17997.17998 and 18005 OF 2022

COMMON ORDER:

HeardSriS.Jagadish,LearnedCounselfortheWritPetitioners and Sri V. Ramesh, Learned Government Pleader[for]Services-IV.

2. All these Writ Petitions are disposed of by this CommonOrder.Order.

3. Inorderto have completepictureof thelitigation,itisnecessary tonotecertain facts whichare relevant[and][ which]have occurred right from inception.necessary tonotecertain facts whichare relevant[and][ which]have occurred right from inception.

4. WhiletheWritPetitionerswereworkingindifferentcapacitiesin the Department of Municipal Administration, theywere served with Charge Memos on or about 29.06.2015[wherein]it was alleged that they have committed certainirregularitiesinrespect of Property-Tax by entering lesser measurementsin theonline, which were different from the actual measurements[for][ the]assessmentyear2011-12.WhiletheWritPetitionershavecapacitiesin the Department of Municipal Administration, theywere served with Charge Memos on or about 29.06.2015[wherein]it was alleged that they have committed certainirregularitiesinrespect of Property-Tax by entering lesser measurementsin theonline, which were different from the actual measurements[for][ the]assessmentyear2011-12.WhiletheWritPetitionershave

submitted their explanations on or about 27.08.2015 by denyingthechargesthatwerelevelledagainsttheminsteadofconsidering the explanations submitted by the Writ Petitioners,the Competent Authority has appointed an Enquiry Officer-cum-Presenting Officer for conducting Enquiry in the year[2016.]5.It appears from the record that the Enquiry Officerhassubmitted his report in the year 2017, but no Final Orderswerepassed.In the meantime, the Writ Petitioners have retired fromthe service i.e. on or about 30.06.2021 and the Respondentshave fixed provisional pension, but have not released the gratuityand other benefits as per the statute.

6. Having been aggrieved by the non release of the duesasmentioned above,the Writ Petitioners have approachedthisCourt by filing W.P.Nos.26265, 23224, 23336, 30669, 23482,23516, 23254, 23275 and 23494 of 2021.mentioned above,the Writ Petitioners have approachedthisCourt by filing W.P.Nos.26265, 23224, 23336, 30669, 23482,23516, 23254, 23275 and 23494 of 2021.

7. Different Orders were passed on different dates, whereas,all the Orders are identicalin nature.Therefore, this Courtistaking the facts mentioned in W.P.No.26265 of 2021.TheLd.Single Judge of this Court, by Order dated 19.11.2021,afterall the Orders are identicalin nature.Therefore, this Courtistaking the facts mentioned in W.P.No.26265 of 2021.TheLd.Single Judge of this Court, by Order dated 19.11.2021,after -y- \

having considered theentire gamut of the case, hasheldasunder:

“6.AreadingofthesaidMemodated02.11.2021goesto showthat beforeimposingmajor penalty against the delinquent officers,theGovernment vide letter dated 07.05.2018 requestedthe APPSC to give their concurrence and in reply tothe same, the APPSC vide letter dated 10.08.2018requestedtheGovernmenttofurnishcertaininformation along with check-list to the Commissionfor their concurrence to impose major penalty onthe delinquent officers. Further, on the request ofthe Secretary, APPSC, the Government vide Memodated 19.11.2018 requested the CDMA, Guntur, tofurnishcheck-listandrequiredinformationforimposingmajorpenaltyagainstthedelinquentofficers.InviewofthesaidMemodated02.11.2021,thelearnedGovernmentPleadersubmits that the respondents,after receipt of therequiredinformation,wouldconcludethefinaldisciplinary proceedingswithin a period of threemonths.Though the contentions advanced by thelearned counsel for the petitioner on the strength[of]the judgments relied on by him merit consideration,in view of the Memo referred to above, this Court isinclinedtodisposeofthewritpetitionwithadirection to the respondentsto conclude the finaldisciplinary proceedings,withina periodof twomonths from today. In the event, the same are notconcluded within the stipulated time,the ChargeMemo issued to the petitioner shall stand quashed.

7. With the above observations, the Writ Petition isdisposed of No order as to costs. ”

8. By following this Order, the other Writ Petitions were[also]disposed of with similar directions.disposed of with similar directions.

»a=>

9. Whatever may bethe date on whichthebatchof WritPetitions were disposedof, the Respondents were giventwomonths’timefromthedateofdisposaltoconcludethedisciplinary proceedings.Petitions were disposedof, the Respondents were giventwomonths’timefromthedateofdisposaltoconcludethedisciplinary proceedings.

10. Admittedly, the Official Respondents did not conclude[the]proceedings within the time stipulated by the Ld. Single Judge ofthis Court, namely two months time.

11. The operative portion of the Order dated 19.11.2021[reads]as under:as under:

“Though the contentions advanced by thelearned counsel for the petitioner on the strengthofthejudgmentsreliedonbyhimmeritconsideration,in view of the Memo referredtoabove, this Court is inclined to dispose of the writpetitionwithadirectiontothe respondentstoconclude the final disciplinary proceedings,withina period of two months from today. In the event,the same are not concluded within the stipulatedtime, the Charge Memo issued to the petitionershall stand quashed. ”

12. The operative portion as extracted above states that[if][ the]

disciplinary proceedings do not finally conclude within a period of two months, “the Charge Memo issued to the petitioner[shall]stand quashed”.

Conclusion

13. TheimportoftheabovesentenceisthatiftheRespondents do not conclude the disciplinary proceedings[within]the stipulated time, after lapse of the stipulated time, the ChargeMemo issued against each of the Writ Petitionersshallstandquashed.In other words, with the passage of the period[of][ two]months,if the proceedings are not concluded,it shall[be][ deemed]in law that the Respondents cannot thereafter pass any Order,one way or the other.Respondents do not conclude the disciplinary proceedings[within]the stipulated time, after lapse of the stipulated time, the ChargeMemo issued against each of the Writ Petitionersshallstandquashed.In other words, with the passage of the period[of][ two]months,if the proceedings are not concluded,it shall[be][ deemed]in law that the Respondents cannot thereafter pass any Order,one way or the other.

14. Sri V. Ramesh, Learned Government Pleader for Services-IV submits that the certified copy of the Order was[received][ on]10.03.2022 and that on 30.03.2022, a Show Cause Notice[was]issued to the Writ Petitioners as to why the punishment[should]not be imposed and on13.04.2022,the Writ Petitioners[have]submitted their explanation.IV submits that the certified copy of the Order was[received][ on]10.03.2022 and that on 30.03.2022, a Show Cause Notice[was]issued to the Writ Petitioners as to why the punishment[should]not be imposed and on13.04.2022,the Writ Petitioners[have]submitted their explanation.

15. Sri V. Ramesh, Learned Government Pleader has drawnthe attention of this Court to the contents of the Counter Affidavitthe attention of this Court to the contents of the Counter Affidavitin W.P.No.17102 of 2022 filed before this Court on18.08.2022.The avermentsintheCounter Affidavit wouldindicatethataLearned Single Judge of this Court had passed the Orderon19.11.2021directing the Respondent Authorities to[conclude][ the]The avermentsintheCounter Affidavit wouldindicatethataLearned Single Judge of this Court had passed the Orderon19.11.2021directing the Respondent Authorities to[conclude][ the]

final disciplinary proceedings within a period of two[months][ from]the date of passing of the said Order i.e., from 19.11.2021.Itisfurther submitted that the Order of this Court dated 19.11.2021was received by the Office of the Respondent only on[10.03.2022]and also that in the batch of cases, similar Orders were passedon different dates and thatit is from" the date of receipt of theOrder copy, the Disciplinary Proceedings were concluded[in][ the]connected batch of 13 cases on 05.05.2022.It is the submissionoftheLearnedCounselfortheRespondentsthattheRespondents have concluded the Disciplinary Proceedings[in][ the]batch of 13 cases within the stipulated time.He would[submit]that the period of two months would be reckoned from[the][ date][ of]receipt of the Order copy and not from the date on[which]theOrderhadbeenpassed.ItisalsostatedthattheOfficialRespondentsherein have filed ExtensionPetitionfor grantingthree more months and that the said Extension Petition was filedon 26.03.2022in W.P.No.26265 of 2021.It is further submittedthatthereafter,theOfficialRespondentshaveissuedShowCause Notice to the Petitioner on 30.03.2022 as to why penalty ofthree percent cut in monthly pension for a period of ten years,besides recovery of loss under Rule 9 of the Andhra[Pradesh]

Revised Pension Rules, 1980 cannot be imposed against[the][ Writ]Petitioner.Thereafter,theOfficialRespondentshaveissuedG.O.Rt.No.286 dated 05.02.2022 by imposing various penaltiesto various Writ Petitioners.

DISCUSSION:

16. The following are the admitted facts:

That the Learned Single Judge of this Court haddisposed of W.P.Nos.26265, 23224 & 23336 of 2021vide Order dated 19.11.2021; that vide Order dated24.11.2021, the Learned Single Judge had disposedof W.P.Nos.23482, 23516, 23254, 23275 and 23494of 2021;and,thatvide Order dated 28.12.2021W.P.No.30669 of 2021 was disposedof.It can beseen that the first three Writ Petitions were disposedof on 19.11.2021, the next five Writ Petitions weredisposed of on 24.11.2021 and one Writ Petition wasdisposed of on 28.12.2021;disposed of W.P.Nos.26265, 23224 & 23336 of 2021vide Order dated 19.11.2021; that vide Order dated24.11.2021, the Learned Single Judge had disposedof W.P.Nos.23482, 23516, 23254, 23275 and 23494of 2021;and,thatvide Order dated 28.12.2021W.P.No.30669 of 2021 was disposedof.It can beseen that the first three Writ Petitions were disposedof on 19.11.2021, the next five Writ Petitions weredisposed of on 24.11.2021 and one Writ Petition wasdisposed of on 28.12.2021; That the Ordersinall Writ Petitions have indicatedthat the Disciplinary Proceedings shall be concludedthat the Disciplinary Proceedings shall be concluded within two months from the date of passing of thesaid Order, and; InthefirstthreeWritPetitions(W.P.Nos.26265,23224 & 23336 of 2021), the Contempt Cases werefiled on 08.04.2022 andNotices were ordered on13.04.2022 whereas,theExtensionPetitions werefiled by the Government on 11.04.2022, 25.06.2022and 11.04.2022 in respect of the three Writ Petitions.The Government has filed Applications for Extensionon 01.04.2022, 11.04.2022, 31.03.2022, 13.04.2022&31.03.2022inthebatchoffiveWritPetitionsrespectively. As regardstheWritPetitionbearingW.P.No.30669of 2021,the Government hasfiledApplication for Extension on 25.06.2022.

.17.In all the above cases, admittedly, the Government[did][ not]file the Applications for Extension of time before the expiry of twomonths period from the date of their respective Orders.It is alsoan admitted fact that the Contempt Cases were filed in respect ofthree cases evenbeforethefilingof the Application seekingextension of time.

18. Keeping in view the above facts, this Court had directed theLearnedCounselfortheWritPetitionerstoprepareacomprehensive statement.The Writ Petitioners havefiledthesame, which is usefully reproduced hereunder;LearnedCounselfortheWritPetitionerstoprepareacomprehensive statement.The Writ Petitioners havefiledthesame, which is usefully reproduced hereunder;

19. Learned Counsel for the WritPetitioners hasreliedonadecision of this Court rendered by a Learned Single Judge of thisCourt in B. Suguna Devi Vs. C.B.S. Venkata Ramana,[IAS,]inW.P.M.P.No.17397of 2008inC.C.No.1177of 2007dated15.09.2008.Learned Counsel for the Writ Petitioners would relyon this Judgment to state that Petition seeking extension[of][ time]for complying with the Order, should ordinarily be[filed][ before][ the]expiry of time stipulated by the Court or at least[soon][ thereafter.]In the above cited case, the Learned Single Judge of[this][ Court]has declined to extend any time for compliance of the[Order][ of]this Court.

20. The above facts wouldindicate that the Learned SingleJudge of this Court had passed the Order on 19.11.2021in threeWrit Petitions bearing W.P.Nos.26265, 23224 & 23336[of][ 2021.]Later Orders were passed more or less on the same lines[as][ and]•when they were listed as per the convenience of this[Court]i:e.,on 24.11.2021 and 28.12.2021.It is an admitted fact[that][ all][ the]charges againstall the Writ Petitioners herein emanate[out]ofsame transactions and the Disciplinary Proceedings[which][ were]initiated are also common.In this View of the matter, the periodfor reckoning for conclusion of Disciplinary Proceedings[would][ be]

from the dates on which the respective Orders were passed.Therefore for the Orders passed on 19.11.2021, the time grantedforconclusionofdisciplinaryproceedingswouldendon18.01.2022.Similarly, for the Order passed on 24.11.2021,[the]time granted for conclusion of disciplinary proceeding[would][ end]on 23.01.2022 and for Order passed on 28.12.2021, time[would]end on 27.02.2022.

21. Admittedly, the Orders were passed in the presence[of][ the]LearnedCounselfortheRespondentsandtheOrderhadspecifically stated that two-month period would commence[from]the date of passing of the Order itself.It is not placed on recordwhether the Extension Applications have been entertained by thisCourt ornot.In any case, admittedly, the ExtensionPetitionswere filed much after the expiry of two months period[and]it is thesettled law that extension can be sought only before the expiry ofthetimegrantedby the Courtor soonthereafter. Whereas,admittedly this is not the case in the present batch.LearnedCounselfortheRespondentsandtheOrderhadspecifically stated that two-month period would commence[from]the date of passing of the Order itself.It is not placed on recordwhether the Extension Applications have been entertained by thisCourt ornot.In any case, admittedly, the ExtensionPetitionswere filed much after the expiry of two months period[and]it is thesettled law that extension can be sought only before the expiry ofthetimegrantedby the Courtor soonthereafter. Whereas,admittedly this is not the case in the present batch.

22. This apart, except stating in the Counter Affidavit[that][ the]Order copies were received by the Official Respondents only on10.03.2022 and therefore, ^he contention of Respondents[that][ two]Order copies were received by the Official Respondents only on10.03.2022 and therefore, ^he contention of Respondents[that][ two]

months’time thatis grantedbythisCourt for conclusionofDisciplinaryProceedingswouldcommencefrom11.03.2022onwards cannot be countenanced by this Court. The contentionof the Respondents as regards the computation of two monthscannot be accepted for another reason too. The Counter Affidavitfiled by the Official Respondents does not make even a whisperas to whether the Government has at all made any Application[for]obtaining certified copy andif so, on what dateit was received.Although this requirement is not necessary in the light[of][ the][ fact]that the Order has been passed in the presence of the LearnedCounsel for the Respondents,this Courtis only makinganattempt to analyse to see the diligence and the conduct on thepart of the Official Respondents.

23. In the light of the above discussion, this Court is of the viewthat two-month period would be precisely reckoned from[the][ date]of passingof the Ordersinthebatchof WritPetitionsandtherefore,theGovernmentoughttohaveconcludedtheDisciplinaryProceedingsone wayortheotherwellbefore18.01.2022, 23.01.2022 and 27.02.2022. Whereas, it can be seenfromthe admissionof the Governmentitself thatithasfiledApplications for extension of time more than one month after the receiptoftheOrdercopyintheOfficeoftheOfficialRespondents.In this view of the matter,this Courtisof theopinion that there is neither diligence nor any earnestness[on][ the]part of the Respondents to conclude the Disciplinary Proceedingsby giving due respect to the Orders passed by this[Court]on19.11.2021 and thereafter.

24. In any case, evenif the Orders passed by this Court[on]various dates were to be reckoned from their respective[dates][ on]which each Order was passed,it has to be opined by[this][ Court]that the Respondents have not complied with the twomonthsperiod stipulated from the date of passing of the Ordersin therespective WritPetitions.In this view of the matter,theFinalOrders passed by the Official Respondents dated 05.05.2022[are]hereby quashed as being arbitrary, illegal and perverse.various dates were to be reckoned from their respective[dates][ on]which each Order was passed,it has to be opined by[this][ Court]that the Respondents have not complied with the twomonthsperiod stipulated from the date of passing of the Ordersin therespective WritPetitions.In this view of the matter,theFinalOrders passed by the Official Respondents dated 05.05.2022[are]hereby quashed as being arbitrary, illegal and perverse.

25. Inthelightof the above discussion,the WritPetitionsbearing W.P.Nos.17102,17104, 17139,17994,17995,17996,17997, 17998 and 18005 of 2022 are allowed and accordingly,following impugned Proceedings are set aside:bearing W.P.Nos.17102,17104, 17139,17994,17995,17996,17997, 17998 and 18005 of 2022 are allowed and accordingly,following impugned Proceedings are set aside:

dated 05.05.2022 (W.P.No.17102/2022)1)G.O.Rt.No.286,, dated 05.05.2022 (W.P.No.17104/2022)2) G.O.Rt.No.290, dated 05.05.2022 (W.P.No.17139/2022)3) G.O.Rt.No.287, dated 05.05.2022 (W.P.No.17994/2022)4)G.O.Rt.No.281,, dated 05.05.2022 (W.P.No.17995/2022)5)G.O.Rt.No.285dated 05.05.2022 (W.P.No.17996/2022)6)G.O.Rt.No.282,dated 05.05.2022 (W.P.No.17997/2022)7) G.O.Rt.No.280dated 05.05.2022 (W.P.No.17998/2022)8) G.O.Rt.No.2839) G.O.Rt.No.284. dated 05.05.2022 (W.P.No.18005/2022)

Writ Petitioners shall be entitled26.Needless to state that thein accordance with law. There shallto all consequential benefitsimplement this Order within a period of 8be a further direction toof this Common Order on theweeks from the date of uploadingwebsite of this Court.

There shall be no order as to cots.

27.

28. Interlocutory Applications,if any,

this order.

//TRUE COPY//

stand closed in terms of

SD/- B. PRASADA RAOASSISTANT REGISTRAR

SECTION OFFICER

To,

Municipal Administration and Urban1.The Principal SecretaryState of Andhra Pradesh, SecretariatDevelopment Department.Velagapudi, Amaravathi, Guntur District.

Vaddeswaram Village, Mangalagiri -522 50

3The Regional Joint-Cum-Appellate Commissioner of[Municipal]Administration, Anantapuram Region, Anantapuram, AnantapuramDistrict.Administration, Anantapuram Region, Anantapuram, AnantapuramDistrict.4. The Municipal Commissioner, Adoni Municipality,[Adoni,][ Nandyal]District.District.5. The Municipal Commissioner, Dhone Municipality,[Dhone,][ Nandyal]District.District.6. The Municipal Commissioner, Allagadda Municipality,[Allagadda,]Nandyal District.Nandyal District.7. The Municipal Commissioner, Nandyal Municipality,[Nandyal,][ Nandyal]District.District.8. The District Audit Officer, State Audit, Kurnool,[Kurnool][ District]9. The Municipal Commissioner, Nandikotkur Municipality,[Nandikotukur,]Nandyal District.9. The Municipal Commissioner, Nandikotkur Municipality,[Nandikotukur,]Nandyal District.10.One CC to Sri S Jagadish, Advocate [OPUO11.Two CCs to GP for Services - IV, High Court of Andhra[Pradesh.]OUT]11.Two CCs to GP for Services - IV, High Court of Andhra[Pradesh.]OUT]12.Two CD CopiesRAM

HIGH COURT

DATED:29/12/2023

COMMON ORDERWP.Nos.17102, 17104,17139,17994,17995,17996, 17997,17998 and 18005 of 2022

ALLOWING THE ALL WPsWITHOUT COSTS

V.