IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE ;h '■/ / ^ PRESENT HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8036 OF 2025 Between: Malla Lokeswara Rao, S/o Late Appa Rao, aged about 67 Retired Sub Treasury Officer R/o K P Brundavanam, Collector Office Road, Anakapalli, Anakapalli District years. ...Petitioner AND 1. State of Andhra Pradesh, represented by its Principal Secretary, Department of Finance, at Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Director of Treasuries and Accounts, Andhra Pradesh, 1st Floor, Nidhi Bhavan, Behind APIIC Building, I T Park, Mangalagiri 522503, Guntur District 3. The Deputy Director, District Treasury Office, P and T Colony, Visakhapatnam ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ or Writs, Order or Direction, one Respondents to conclude the disciplinary proceedings Petitioner and also the representation including as representation dated may more particularly in the nature of Writ of Mandamus, declaring the action of the against the 28.12.2024 for grant of all period as on duty, including release of increments, arbitrary and violative of A P Civil Services (CCA) Rules, otftnds Arts. 14,16,21 and 300-A of the Constitution of india. lA NO: 1 OF 2C)?R service benefits by treating the suspension pension, etc. as bad, 1991 and also Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the Respondents to forthwith may be conclude the disciplinary proceedings against the petitioner which without releasing all the retirement benefits, in the interests of justi^and fair play. are pending even after enquiry Counsel for the Petitioner: M/s. M VIDYAVATHI Counsel for the Respondents: GP FOR FINANCE PLANNING The Court made the following order: APHC010153532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8036/2025 Between; ...PETITIONER Malla Lokeswara Rao AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.M VIDYAVATHI Counsel for the Respondent(S): 1.GP FOR FINANCE PLANNING The Court made the following: 2 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue a Writ or Writs, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents to conclude the disciplinary proceedings against the Petitioner and also the representation including as representation dated 28.12.2024 for grant of all service benefits by treating the suspension period as on duty, including release of increments, pension, etc., as bad arbitrary and violative of A P Civil Services (CCA) Rules, 1991 and also offends Articles 14, 16, 21 and 300-A of the Constitution of India and to pass such other order or orders....” 2. The petitioner while working as Sub Treasury Officer at Chintapally was charged with various allegations of misappropriation of funds which related to the charge of 2013. The charge memo No.G3/6467/2014-1, dated 26.04.2016, was issued with five articles of charges. The petitioner submitted explanation to the same on 10.06.2016. Later inquiry officer came to be appointed, after concluding the inquiry, submitted report dated 19.06.2020. However, by that time petitioner got superannuated on 31.03.2019 and the proceedings are pending and his retiremental benefits and pension have been withheld. Subsequently, petitioner was issued show cause notice by disciplinary authority, to which explanation was submitted on 16.07.2020 and since then the matter is pending consideration. 3. Heard Ms M.Vidyavathi, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services-I for respondents. 3 Learned counsel for the petitioner submits that though inquiry officer has submitted report as way back on 19.06.2020 and basing on which the disciplinary authority has called for explanation of petitioner, which was submitted by the petitioner on 16.07.2020, no further proceedings have taken place and deliberately the respondents are dodging the inquiry instead of complete the same. Further, on the pretext pendency of these disciplinary proceedings, petitioner is denied the retiremental benefits and pension as 4. well. 5. Learned Assistant Government Pleader on the other hand submits that the respondents would complete the inquiry v\/ithin certain time frame and when serious allegations are made against the petitioner it is incumbent upon the disciplinary authority to consider the gravity of the same before any final decision is taken. This Court, having considered the respective submissions, finds that the disciplinary authority has delayed the proceedings inordinately inspite of concluding the same within a reasonable time. The Government vide 6. G.O.Ms.No.91 dated 12.09.2022 has issued a guidelines for fixing definite time frame for disposal of cases, inter-alia, stated that in simple cases the inquiry shall be completed within three months and in complicated cases it shall be ensured that inquiry be completed within five to six months. Inasmuch as in the present case for the incident that has happened in the year 2013 memo of charge came to be issued nearly after three years on 26.04.2016 4 and thereafter, the proceedings are going on even till today, the same shows that the time lines fixed by the Government are clearly not adhered to. In this view of the matter, without expressing any opinion on merits of 7. the matter, the Writ Petition is disposed of, directing the respondents to conclude and pass final orders on going inquiry within three (03) months from the date of receipt of copy of the order. In case respondents fail to complete frame mentioned above, they are directed to the inquiry within the time release the retiremental and pensionary benefits to the petitioner which will be of the orders to be passed by the disciplinary authority. subject to outcome There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. 3d/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTltfN OFFICER To, 1. The Principal Secretary, Department of Finance, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Director of Treasuries and Accounts, Andhra Pradesh, 1st Floor, Nidhi Bhavan, Behind APIIC Building, I T Park, Mangalagiri 522503, Guntur District 3. The Deputy Director, District Treasury Office, P and T Colony, Visakhapatnam 4. One CC to M/s. M Vidyavathi Advocate [OPUC] 5. Two CCs to GP For Finance Planning, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies GSC HIGH COURT DATED:27/03/2025 ORDER WP.No.8036 of 2025 DISPOSING OF THE WP WITHOUT COSTS