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APHC010211102025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11220/2025 Between: A Thimma Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. RAVITEJA PADIRI Counsel for the Respondent(S):
1. GP FOR SERVICES I
2 HCGR,J W.P.No.11220 of 2025 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 an order or a writ, specifically one in the nature of writ of mandamus, declaring the action of the Respondent No.1 and Respondent No.2 in not considering the Representation dated 08.04.2025 of the petitioner and proceeding to pass final order in pursuant to the Memo No.FIN04-36/4/2022/1728499-CS dated. 09.01.2024 without considering written statement of defences submitted before the officials and without examining the witness as shown in Annexure-III as illegal, arbitrary, unconstitutional, and violative of Articles 14, 19, and 21 of the Constitution of India and consequently A. Direct the Respondent No.1 and Respondent No.2 to pass speaking orders on the representation Dated. 08.04.2025 addressed by the petitioner. B. Set aside the Memo No.FIN04-36/4/2022/1728499-CS dated. 09.01.2024. C. And pass such other order or orders.…”
2. Heard Sri Ravi Teja Padiri, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. Petitioner has been issued charge memo vide Memo No.FIN04-36/4/2022-CS,COURT,LGL-DOID, dated 23.08.2022, setting out Articles of Charges. Petitioner has submitted explanation to the same, refuting the said charges. Thereafter, Inquiry Officer came to be appointed and petitioner was called upon to participate in the inquiry. After concluding the inquiry, the Inquiry Officer has submitted report dated 03.11.2023 holding that five charges framed against the petitioner were proved. Thereafter, the 2nd respondent
3 HCGR,J W.P.No.11220 of 2025 issued show cause notice vide Memo No.FIN04-36/4/2022/1728499- CS, dated 09.01.2024, enclosing copy of the inquiry report, and called upon the petitioner to submit explanation. Petitioner has submitted detailed statement of defense/explanation on 31.01.2024. One of the main contentions raised by the petitioner is that though along with Articles of Charge as per Annexure-III, seven witnesses were disclosed, none of them have been examined, nor the petitioner was provided an opportunity to cross-examine them, the same itself would vitiate the entire inquiry.
Besides refuting the findings recorded by Inquiry Officer, the petitioner has sought to drop further proceedings. As no further action forthcoming, petitioner yet again submitted another objection on 08.04.2025 requesting to drop the disciplinary proceedings and to revoke suspension, which is also stated to be pending. 4. Learned counsel for the petitioner submits that limited grievance for present is that though petitioner has submitted detailed explanation way back on 31.01.2024 and later on 08.04.2025, respondent Nos.1 and 2 have not yet concluded the disciplinary proceedings so far and under the pretext of pending inquiry, petitioner continues to be placed under suspension. Therefore, he sought for a direction to respondents to complete the inquiry. 5. Learned Assistant Government Pleader appearing for respondents submits that the Inquiry Officer has already submitted
4 HCGR,J W.P.No.11220 of 2025 report and basing on the said report, petitioner has been called upon to submit objections, which is under active consideration of respondent Nos.1 and 2 and soon they are going to conclude the proceedings. 6. In view of the aforesaid submissions, without expressing any opinion on merits of the matter, with the consent of both the learned counsel, the present Writ Petition is disposed of directing respondent Nos.1 and 2 to conclude disciplinary proceedings initiated against petitioner and pass appropriate speaking order, in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN
Date: 02.05.2025 KBN