VIPPALA PRASAD Vs. STATE OF A.P.

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

(2.) With the consent of both the learned counsel for the petitioner and learned Government Pleader for Services-II, the matter is being disposed of at the admission stage.

(3.) Petitioner retired from service on 31/7/2016 in the post of Assistant Director of Agriculture. After retirement, by G.O.Ms.No.30, Agriculture & Cooperation (VIG.I) Department, dtd. 24/4/2017, Government has given sanction in terms of Rule 9(2)(b)(i) of A.P. Revised Pension Rules, 1980, to initiate departmental proceedings against him and vide G.O.Rt.No.249, Agriculture and Cooperation (VIG.I) Department, dtd. 24/4/2017, three articles of charges were communicated by issuing a charge memo. The sum and substance of the aforesaid articles of charge were that petitioner has acquired certain immovable properties during his service from 1981 to 2011, which were done without prior permission, thereby he has contravened the service regulations. A case of disproportionate assets was registered against petitioner and his family members videCr.No.08/RCA-VSP/2011, dtd. 29/4/2011, under Sec. 13(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988, in which charge sheet came to be filed and the same got numbered as C.C. No.20 of 2017 on the file of III Additional District Sessions Judge -cum- Special Judge for ACB Cases, Visakhapatnam. The Government vide G.O.Ms.No.2, Agriculture & Cooperation (VIG.I) Department, dtd. 17/1/2019, while withdrawing the prosecution against petitioner has ordered for enquiry through Commissioner of Enquiries by rescinding the earlier orders of prosecution. In pursuance to the same, the petitioner was issued charge memo vide G.O.Rt.No.919, Agriculture and Co-operation (VIG.I) Department, dtd. 26/12/2023. The petitioner has submitted explanation to aforesaid charges and the enquiry is pending.