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High Court of Andhra Pradesh · body

2025 DAILYLAW 18689 (AP)

P RAJANI v. THE STATE OF ANDHRA PRADESH

WP/13842/2025 · 2025-06-16

Challa Gunaranjan

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH ;; AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO; 13842 OF 2025 Between: P. Rajani, W/o. Oh. V. Surendra Rao, Aged 52 Years, Occ: Special Grade Secretary, Agricultural Market Committee,Tadikonda R/o. 1-63, Balijepalle, Guntur - 522261 ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary to Government, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Special Commissioner and Director of Agricultural Marketing,A.P. Guntur. 3. The Joint Director of Marketing, Vijayawada. 4. The Deputy Director of Marketing, Agricultural Marketing Committee, Repalle. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order Direction, declaring Lr.NO.JDMA/JA/A/148/2024 dated 30.01.2025 communicated to the the Proceedings or in Petitioner on 23.04.2025 issued by Respondent No.2 holding the Petitioner guilty of Charge No.1 in pursuance to the Charge Memo dated 31.10.2013 after an enormous delay of 11 years and without considering the explanation of the Petitioner as arbitrary, irrational, contrary to the record and in violation of principles of natural justice and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of Constitution of India and consequently to set aside the Proceedings in Lr.NO.JDMA/JA/A/148/2024dated 30.01.2025 and the Charge Memo dated 31.10.2013 issued to the Petitioner. 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 suspend the Proceedings in Lr.NO.JDMA/JA/A/148/2024 dated 30.01.2025 and the Charge Memo dated 31.10.2013. Counsel for the Petitioner: SRI ARUN SHOWRI G Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES II The Court made the following: ORDER APHC01O258652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY ,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13842/2025 Between: ...PETITIONER P Rajani AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.ARUNSHOWRI G Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following: ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief:- ...to issue a Writ of Mandamus or any other appropriate Writ Order or Direction declaring the Proceedings Lr. No. JDMA/JA/A/148/2024 communicated to the Petitioner on 23.04.2025 issued by Respondent NO. 2 holding the Petitioner guilty of Charge No.1 in pursuance to the Charge Memo dated 31.10.2013 after an enormous delay of 11 years and without considering the explanation of the Petitioner as arbitrary irrational contrary to the record and in violation of principles of natural justice and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of Constitution of India and consequently to set aside the Proceedings Lr.No.JDMA/JA/A/148/2024 dated 30.01.2025 and the Charge Memo dated 31.10.2013 issued to the Petitioner and to pass such other order or orders....” 2. Heard Sri G.Arun Showri, learned counsel for petitioner and learned Assistant Government Pleader for Services-ll for respondents. in dated 30.01.2025 in 3. Learned counsel for the petitioner submits that the enquiry report dated 30.01.2025 submitted by the Regional Joint Director of Marketing respondent No.1 communicating findings of enquiry which is not taking into consideration the specific contentions and objections raised by petitioner and now based on the said enquiry report respondent No.1 has issued to memo dated 02.04.2025 calling upon the petitioner to submit explanation for deciding the matter. Thereafter, petitioner has submitted explanation, apprehends that basing on the findings recorded by enquiry officer, respondent No.1 would decide the matter which would prejudice the petitioner. Petitioner 4. Learned Assistant Government Pleader for respondents on the other hand submits that though the disciplinary proceedings against petitioner not yet concluded, based on the enquiry report, petitioner was called upon to submit explanation and the matter is seized up before the respondent No.1. Therefore, petitioner is entitled to canvas all her objections and contentions before respondent No.1 and institution of present writ petition is premature. are 5. In pursuance to the enquiry report, which concluded for charge framed against the petitioner has been proved. Respondent No.1, while communicating such report has called upon the petitioner to submit explanation and as the petitioner has already submitted explanation 06.05.2025 setting out her detailed objections, this Court deems fit finds that it cannot interfere in the matter at this stage. However as the matter is now seized up with the respondent No.1, it would suffice to direct to decide the enquiry within a reasonable time. one on 6. Accordingly, the writ petition is disposed of by directing respondent No.1 to conclude the enquiry after considering the objections of petitioner dated 06.05.2025 providing her an opportunity of hearing and pass appropriate speaking orders strictly 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 applications, pending if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SEC OFFICER To, 1. The Principal Secretary to Government, Agriculture and Cooperation Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Special Commissioner and Director of Agricultural Marketing, A.P. Guntur. 3. The Joint Director of Marketing, Vijayawada. 4. The Deputy Director of Marketing, Agricultural Marketing Committee, Repalle. 5. One CC to Sri Arun Showri G, Advocate [OPUC] 6. Two CCs to GP for Services-ll, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb HIGH COURT DATED:17/06/2025 ORDER WP.No.13842 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS