IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 24341 of 2008 Between: 1 The Commissioner of Land Administration, Andhra Pradesh, Hyderabad. 2 The District Collector, Adilabad District. 3 The District Collector, Karimnagar District. 4 The Deputy Mandal Revenue Officer, Bejjanki, Karimnagar District. ..... PETITIONERS AND Smt.D.Shantha W/o.Late Sri D.Damodar of Karimnagar District and former Tahsildar Bejjur (M) of Adilabad District, R/o.H.No.2-115, Ambedkar Nagar, Sirpur-T, Adilabad District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to the order of the Hon'ble A.P. Admn. Tribunal, Hyderabad passed in O.A.No.8655/2003 dated 8.10.2007 as being erroneous, illegal and unreasonable and quash the same and pass such other order or orders. Counsel for the Petitioner: GP FOR SERVICES II Counsel for the Respondent No.: …... The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 24341 of 2008 ORAL ORDER: (Per Hon’ble Sri. Justice Ghulam Mohammed) This writ petition is filed challenging the order of the A.P. Administrative Tribunal, dated 8.10.2007 passed in O.A.No.8655 of 2003. The respondent’s husband is the applicant before the Tribunal. He filed the above O.A., challenging the proceedings of the District Collector, dated 13.3.2001 and 18.11.2003 on the ground that in the charge memo issued, there was no charge as to the loss caused to the Government by him. The Tribunal having relied upon the law laid down by the Apex Court in M.V. Bijlani Vs. Union of India and others[1] and having observed that there cannot be any enquiry or a punishment against a charge with which the applicant has not been put on notice, allowed the O.A. setting aside the orders impugned therein. Having aggrieved by the same, the authorities filed the present writ petition. Heard the learned Government Pleader and perused the material available on record. It is the case of the applicant that while he was working as a Deputy Tahsildar in the office of the Mandal Revenue Officer, Bejjanki, Karimnagar District, he was served with a charge memo dated 29.12.1994 on the following charges: “Charge No.1: That you have directed the PDS Rice direct to the F.P. Shop dealer from the FCI, Godown without dumping at MLS point godown, Kaghaznagar; Charge No.2: that you have cheated in claiming the loading and unloading charges. Charge No.3: That you have released the PDS rice to the FP shop dealer without release order of MRO, Kaghaznagar. Charge No.4: That you have transported rice to the F.P. Shop Dealers with a malafide intention.” On a report submitted by the enquiry officer holding that the above charges were proved, a show cause notice was issued and punishment was imposed awarding punishment of stoppage of one annual grade increment without cumulative effect and thereafter, after a lapse of five years, the proceedings dated 13.3.2001 were issued directing to recover an amount of Rs.96,450/- from the salary of the applicant from the month of March, 2001 at the rate of Rs.1500/- p.m. It is the case of the applicant that in the charge memo issued to him, there was no charge as to the loss caused to the Government and therefore, there cannot be any enquiry or a punishment. In the counter- affidavit filed before the Tribunal, the authorities admitted that no mention was made either in the articles of charges or show cause notice about the recovery of the cost of 96-45 quintals of PDS Rice, which was issued to the above two Fair Price Shop dealers, without collecting cost and orders were issued for recovery towards double the cost of rice from the applicant. In this regard, the Tribunal relied upon the judgment of the apex Court (Citation-1 supra), wherein it has been held that there cannot be any enquiry into the allegations with which the delinquent officer has not been charged with and such an enquiry would be in violation of the Constitution of India. As can be seen from the material available on record and the charge memo, it is obvious that there was no such charge as to the loss caused to the Government by the applicant. Apart from that, it is pertinent to note that in respect of the charges proved against the applicant, he was imposed punishment of withholding one annual grade increment without cumulative effect, on 18.3.1996. However, after a lapse of five years, the proceedings dated 13.3.2001 were issued for recovery of Rs.96,450/-. Therefore, the action of the authorities against the applicant is nothing but amounting to double jeopardy. In this view of the matter and in view of the principles laid down by the Apex Court in the above citation and in view of the admission of the authorities as to the non framing of any charge as to the of recovery of costs in question and also in view of the fact that there is no charge as such as to the recovery of the amount in question in the charge memo and in the absence of any show cause notice and enquiry as to the recovery of the amount in question after a lapse of five years, no punishment can be imposed in the absence of any specific charge and therefore, the action of the authorities in issuing recovery proceedings amounts to arbitrariness and illegality. In view of the forgoing discussion, we have no hesitation to hold that the Tribunal is justified in passing the order under challenge and the writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, the present writ petition is dismissed. No order as to costs. __________________________ Justice Ghulam Mohammed ________________________ Justice G. Bhavani Prasad Date: 7.11.2008 Gurc THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 24341 of 2008 (Order delivered by Hon’ble Sri Justice Ghulam Mohammed) 07.11.2008 [1] (2006) 5 SCC 88