IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12203 OF 2025 Between: Kodakala Ramesh, S/o late Adinarayana, age 62 years, Working as Attender M Asst Commissioner Office-I, Nellore, R/o D.No. 15/198, Nartaki Centre Near KAC Plaza, SPSR Nellore. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by it's Special Chief Secretary Revenue (Vigilance II), Secretariet Building, Amaravati. 2- .P'^incipal Secretary(Rev) (CT,Fin Dept), IV Block, Secretariet Building, Amaravati. 3. The Assistant Commissioner (ST), Trunk Road, Nellore. 4. The Joint Commissioner (ST), Nellore Division, Nellore. ...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 order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3rd Respondent in passing impugned endorsement order vide Rc.No.03/2025/JI dt. 19-02- may 2025 wherein not sanctioning thd full pensionary benefits of the Petitioner due to pendency of the Departrnental disciplinary proceedings vide G.O.Ms.No.309 dt. 17-07-2023 consequential Articles of charges vide G.O.Rt.No.647 dt. 17-07-2023 in connection with the surprise check conducted on 24-03-2015 after laps of 10 years is illegal, arbitrary, capricious, unjust and violative of Articles 14, 16, 21 and 300A of was % Constitution of India and also in contravention of Cir.Memo NO.993083/FINO1-HROCLI/9/2019-HR-III G:O.Ms.No.91 dt. 15-03-2020 dt. 12-09-2022, consequently set aside the impugned endorsement order by directing the Respondents to sanction the full and retirement benefits of the Petitioner in terms of above mentioned circular memo and G.O by forthwith lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to sanction the full retirement benefits of the Petitioner in terms of Cir. Memo No.993083/FINOI- HROCLI/9/2019- HR-III, dt; 15-03-2020 and G.O.Ms.No.91, dt: 12-09- 2022 pending disposal of the above writ petition •'vr-. Counsel for the Petitioner: SRI N A RAMACHANDRA MURTHY Counsel for the Respondents: GP FOR SERVICES I The Court made the following: Order APHC010234512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0*0 [3506] T-rT'An j---: 0 .V WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12203/2025 Between: ...PETITIONER Kodakala Ramesh AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. N A RAMACHANDRA MURTHY Counsel for the Respondent{S): 1.GP FOR SERVICES I 2 HCGR,J W.P.No.l2203of2025 The Court made the follnwino nrHpr- This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s - .iT-'S ;r„: src.su.T? —Mrvide dt i7 07 2n23 G O.Rt.No.647 uli/u/-z!U23 in connection with the -0,-3 IS i„,a,, No.gSosatiNol-^RocLi/^^^^^^^^ such otheTcrr‘'or order;™"° surprise check was and pass 2. Heard Sri N.A.Ramachandra Murthy petitioner and learned Assistant Government for respondents. learned counsel for the Pleader for Services-I 3. Petitioner, who has been working Tax Department, as attender in Commercial on account of surprise check conducted on 24.03.2015 at the integrated check S.P.S.R.Nellore and post B.V.Palem, Tada Mandal on allegations of corruption has been proceeded with departmental inquiry along with other staff and accordingly by G.O.Ms.No.309, Department, dated 17.07.2023 Revenue (VIGILANCE-IV) common disciplinary proceedings Andhra Pradesh Civil & Appeal) Rules, 1991 against five came to be initiated under Rule 24 of the Services (Classification, Control 3 % HCGRJ W.P.No.12203 of 2025 officers, including petitioner. By G.O.Rt.No.646, Revenue (VIGILANCE-IV) Department, dated 17.07.2023, Article of Charges were communicated, calling upon the petitioner and others to submit explanation. In response, the petitioner submitted explanationdated 02.08.2023 refuting the said allegations. The inquiry is stated to be pending since then. 4. Learned counsel for the petitioner by drawing attention to G.O.Ms.No.679, General Administration (Services-C) Department, dated 01.11.2008 and G.O.Ms.No.91 General Administration (SER.C) Department, dated 12.09.2022 submits that timelines prescribed by the Government for completing the process of disciplinary cases, which provided a specific timeframe of three months in case of simple cases and six months in case of complex cases, have not been adhered too. 5. Learned counsel for the petitioner further submits that as the incident relates to the period of 2012-2015, the very initiation of disciplinary action, after much lapse of time, is unwarranted. By referring to the order passed by this Court in W.P.No.12012 of 2025 dated 06.05.2025, prays to dispose of the present writ petition with a direction to respondents to conclude the disciplinary proceedings within specific timeframe, particularly in view of the fact that petitioner is nearing superannuation and if in case proceedings are 4 HCGR.J W.P. No. 12203 of 2025 not completed, there is every likelihood of pension and retirement benefits being withhold on such pretext. 6. Learned Assistant Government Pleader appearing for respondents would submit that the inquiry is going on and the respondents would adhere to the timelines specified in aforesaid G.Os. In view of the same, and having regard to the fact that the charge memo was issued way back on 17.07.2023, for the incident which has happened in the year 2012-2015, the respondents are directed to conclude the disciplinary proceedings within a period of three (03) months from the date of receipt of a copy of this order. In case proceedings are not concluded within the timeframe, 7. respondents shall release the pension and retirement benefits to the petitioner. 8. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ACHARl Sd/- K KASI ^ ASSISTANT^GISTRAR //TRUE COPY// m OFFICER SE \ of Andhra Pradesh, Revenue To, The Special Chief Secretary, State 3 ?he Ass'is^rntCommissioner (ST), Trunk Road. I Sf [OUT] 7. Three CD Copies 1. 4 HIGH COURT DATED;07/05/2025 ORDER WP.No.12203 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS