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2025 DAILYLAW 12136 (AP)

D SIRISHA v. THE STATE OF ANDHRA PRADESH

WP/7399/2025 · 2025-04-01

Challa Gunaranjan

body2025

Judgment text

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APHC010141822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7399/2025 Between: D. Sirisha ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: ORDER: The present writ petition is filed seeking the following relief: “to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in not considering the case of the Petitioner for declaration of probation and regularize her service in the cadre and post of Office Superintendent and issuing Article of Charge vide Rc.No.1232/E3/ 2023, dated 10.07.2024, without following due process of law and without issuing prior notice, as illegal, arbitrary, and consequently, set aside the same and direct the respondents to consider the representations made by the petitioner on 24.07.2024, 26.11.2024, to drop the article of charge and to declare probation and regularize her service in the cadre and post of Office Superintendent and pass….” 2. Petitioner is working as Office Superintendent in the Institute of Preventive Medicine, Mangalagiri. While undergoing probation and awaiting regularisation in the same cadre, she was issued charge memo, by proceedings in Rc.No.1232/E3/2023, dated 10.07.2024, alleging that during the period 2016-’17 she misled higher authorities in 2 CGR, J. W.P.No.7399 of 2025 issuing service regularisation and probation declaration orders to some of the employees. Petitioner submitted explanation refuting the said allegations. So far, the enquiry has not been commenced nor any enquiry officer has been appointed. The charge memo stated to be issued in relation to the incident that happened in the year 2017, nearly after seven years and initiation of disciplinary proceedings with such inordinate delay is unwarranted. Due to pendency of departmental proceedings, petitioner is denied of completion of probation and regularization in the post of Office Superintendent, which is affecting her career prospects. Since the respondents have not concluding the enquiry and on the other hand, not declaring probation and regularisation of service, she is constrained to file the present writ petition. 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing for the respondents. 4. Learned Assistant Government Pleader for Services-I appearing for the respondents submits that as petitioner has already submitted explanation and that enquiry is pending, the respondents will complete the enquiry pending against the petitioner in terms of G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008, 3 CGR, J. W.P.No.7399 of 2025 and thereafter, G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022. 5. Having heard the submissions of both parties, this writ petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the respondent authorities to complete the enquiry pending against the petitioner in terms of G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008, and thereafter, G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022, as expeditiously as possible, but not later than three months from the date of receipt of a copy of this order. No order as to costs. 6. Accordingly, the Writ Petition stands disposed of at the admission stage. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date:01.04.2025. cs