J. VENKATARAMI REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS Writ Petition is filed, under Art. 226 of the Constitution of India, by the petitioner, who is a retired Deputy Tahsildar, to declare the impugned Memo No.3893/Vig.VI(2)/2009 -6, dated 24.04.2014, issued by the first respondent ordering for prosecution of the petitioner is contrary to its earlier order issued for dropping of the prosecution against the petitioner in G.O. Ms. No.1330, Revenue (Vigilance -VI) Department, dated 4.11.2010, Memo No.3893/Vig.VI(2)/2009 -3, dated 1.3.2013 and Memo No.3893/Vig.VI (2)/2009 -5, dated 21.10.2013 respectively as illegal, arbitrary and in violation of Articles 14 and 19 and 21 of Constitution of India and consequently, set aside the impugned Memo dated 24.04.2014.

(2.) THE petitioner joined in service as Junior Assistant and thereafter promoted to different categories and finally he was promoted as Deputy Tahsildar in the year 2007 and set up an excellent career in different capacities and rendered unblemished services to the utmost satisfaction of higher authorities. Just 3 months prior to his attaining the age of superannuation, second respondent booked a case against him for disproportionate assets against the petitioner in Crime No.1/RCA -Kur/2009, dated 16.01.2008, including the properties of his wife, who is having independent source of income and a income tax assesse and his son and daughter, who are working as Software Engineers, acquired with their income besides the agricultural lands possessed by the Petitioner himself through succession even before joining into service.

(3.) THE petitioner has retired from service on 31.05.09 and made a representation to the first respondent -Government narrating all the facts pointing out illegally in inclusion of the properties of his family members i.e., wife and children, by abusing the process of law. After considering the representation submitted by the petitioner, first respondent was pleased to issue G.O. Ms. No.1330, Revenue (Vigilance -VI) Department, dated 4.11.2010 as follows: