APHC010304452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r. T — I j ■■ WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN - WRIT PETITION NO: 15315 OF 2025 Between: Shaik Shabber Ahmed, S/o. late Shaik All Saheb, Aged about 60 years, Occ Administrative Officer Mandal Praja Parishad office chowdepalli chittoor district Pin 517257 R/o. D.no. 15-151, madanapalle town annamayya district kammagadda veedhi sandhu, ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Department of Panchyat Raj and Rural Development, Secretariat Buildings, Velagapudi, Guntur District. 522503 2. The Commissioner of Panchyat Raj and Rural Development, Govt, of AP, FJC8 + P7G,NH-16, Service Road, Tadepalli Town, Guntur District 522501 3. The District Collector, Chittoor 517001 4. The Project Director, DWMA (District Water Management Agency) New Collectorate buildings, Chittoor Town, Chittoor District.517001 5. The Enquiry Officer/CEO, ZP Parishad near MSR Circle Chittoor Town and District 517001 6. The Mandal Parishad Development Officer/MPDO, PTM/Pedda Thippa Samudram Mandalam, Annamayya District 574106 7. The SHO, PTM Police Station, Annamayya District ...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 an appropriate Writ. Order or direction more particularly one in the nature of Writ of Mandamus declaring the action on part of the respondent No.5 in not concluding/finishing the enquiry that was initiated against the writ petitioner vide Proceedings No.6996/CPR and RE/A2/2010 dt. 18-4-2012 issued by the Commissioner of Panchyat Raj and Rural Employment of AP at Hyderabad pending since 13 years, and the Respondent no.4/Project Director DWMA Chittoor in not cooperating for the said enquiry by providing the records required for enquiry and respondent no.1 and 2 in stopping the promotion of the writ petitioner due to the pending enquiry by the Respondent no.5 as illegal, arbitrary and unconstitutional and consequently direct the respondents No.5 to forthwith complete the enquiry against the petitioner pursuant to the proceedings No.6996/CPR& RE/A2/2010 dt. 18-4-2012 issued by the Commissioner of Panchyat Raj and Rural Employment of AP at Hyderabad pending since 13 years and the Respondent no.4/Project Director DWMA Chittoor to cooperate for the said enquiry by providing the records required for enquiry and respondent no.1 and 2 to forthwith give promotion to the writ petitioner pending enquiry by the Respondent no.5. 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 No.5 to forthwith complete the enquiry against the petitioner pursuant to the proceedings NO.6996/CPR&RE/A2/2010 dt. 18-4- 2012 issued by the Commissioner of Panchyat Raj and Rural Employment of AP at Hyderabad pending since 13 years and the Respondent no.4/Project Director DWMA Chittoor to cooperate for the said enquiry by providing the records required for enquiry and respondent no.1 and 2 to forthwith give promotion to the writ petitioner pending enquiry by the Respondent no.5. Counsel for the Petitioner: SRI S. S. BHATT Counsel for the Respondent Nos.1 & 7: GP FOR SERVICES I Counsel for the Respondent Nos.2 & 4: SRI M.S.R. CHANDRA MURTHY, > SC FOR DWMA Counsel for the Respondent Nos.5 & 6:M/s.B.V.APARNA LAKSHMI, SC FOR ZPP, MPP & GRAM PANHAYAT The Court made the following: ORDER APHC010304452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0!¥i0 [3506] r. ir 0fyf?= WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15315/2025 Between; ...PETITIONER Shaik Shabber Ahmed AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.S S BHATT Counsel for the Respondent(S): 1.GP FOR SERVICES I 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 an appropriate a Writ order or direction more particuiarly one In the nature of Writ of Mandamus declaring the action on part of the respondent No. 5 in not concluding/finishing the enquiry that was initiated against thp writ petitioner vide Proceedings No.6996/CPR&RE/A2/2010 dt 18.4.2012 issued by the Commissioner of Panchyat Raj and Rural Employment of AP at Hyderabad pending since 13 years and the Respondent no. 4/Project Director DWMA Chittoor in not cooperating for the said enquiry by providing the records required for enquiry and respondent no 1 and 2 in stopping the promotion of the writ petitioner due to the pending enquiry by the Respondent no. 5 as illegal arbitrary and unconstitutional and consequently direct the respondents No. 5 to forthwith complete the enquiry against proceedings NO.6996/CPR&RE/A2/2010 dt 18.4.2012 issued by the Commissioner of Panchyat Raj and Rural Employment of AP at Hyderabad pending since 13 years and the Respondent no 4/Project Director DWMA Chittoor to cooperate for the said enquiry by providing the records required for enquiry and respondent no 1 and 2 to forthwith give promotion to the writ petitioner pending enquiry by the Respondent no. 5 and to pass such other order or orders....” Heard Sri S.S.Bhatt, learned counsel for petitioner, learned Assistant the petitioner pursuant to the 2. Government Pleader for Services-! for respondent Nos.1 & 7, Sri M.S.R.Chandra Murthy, learned Standing Counsel for DWAMA for respondent Nos.2 to 4 and Ms.B.V.Aparna Lakshmi, learned Standing Counsel for respondent Nos.5 & 6. 3. On allegations of misappropriation of amounts, petitioner was placed under a suspension by proceeding dated 02.01.2010 while he was working as Superintendent & MPDO (FAC), Mandal Praja Parishad, P.T.M Mandal, m Chittoor District. H e was issued a charge memo at 11.01.2010 setting articles of charge and providing for the details of the alleged committed. Petitioner stated to have submitted out misappropriation statement of defence on 30.01.2012 refuting the said allegations. Thereafter an Enquiry Officer came to be appointed vide proceedings dated 19.04.2012. Petitioner notice dated 17.08.2012 calling upon to attend the was issued a enquiry on 30.08.2012, which the petitioner attended and the enquiry is stated to be still going on. Meanwhile, as petitioner was continued under suspension, he preferred O.A.No.7108 of 2012 before APAT and by orders dated 18.09.2012, he has been directed to be reinstated into service as the suspension period was more than two years and eight months. Accordingly, by proceedings 16.10.2012, petitioner came to be reinstated into dated service. 4. Learned counsel for the petitioner submits that under the guise of pendency of ongoing enquiry, as the same is not concluded so far, he is being affected in being considered for promotion and future service prospects are consequently affected. By referring to G.O.Ms.No.91 General Administration (SER.C) Department dated 12.09.2022, he would submit that Government has provided timeline for concluding departmental enquiries specifically three months in case of simple cases and six months in case of complex cases. In the present case, even after almost 15 years, the enquiry is not concluded. 5. Learned Standing Counsel appearing for respondent Nos.5 & 6 submits that the enquiry would be concluded in time frame in terms of the aforesaid GO. In view of the aforesaid submissions, as the disciplinary proceedings are pending for almost 15 years and there is abnormal delay^ Therefore, the respondents are directed to complete the enquiry within a period of three months from the date of receipt of a copy of this order. 6. 7. Accordingly, the writ petition stands disposed of. There shall be order as to costs. no As a sequel, miscellaneous applications, pending if any, shall stand closed. BA8U ASSISTANT registrar //TRUE COPY// SECTION OFFICER To, 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Department of Panchyat Raj and Rural Development, Secretariat Buildings, Velagapudi, Guntur District. 522503 2. The Commissioner of Panchyat Raj and Rural Development, Govt, of AP, FJC8 + P7G,NH-16, Service Road, Tadepalli Town, Guntur District 522501 3. The District Collector, Chittoor 517001 4. The Project Director, DWMA (District Water Management Agency) New Collectorate buildings, Chittoor Town, Chittoor District.517001 5. The Enquiry Officer/CEO, ZP Parishad near MSR Circle Chittoor Town and District 517001 6. The Mandal Parishad Development Officer/MPDO, PTM/Pedda Thippa Semudram Mandalam, Annamayya District 574106 7. The SHO, PTM Police Station, Annamayya District ^ 8 One CC to Sri S. S. Bhatt, Advocate [OPUC] 9. One CC to Sri M.S.R. Chandra Murthy, SC for DWMA[OPU] 10. One CC to M/s. B.V. Aparna Lakshmi, SC for ZPP, MPP & Gra Panchayat[OPUC] 11, Two CC’s to GP for Services-I, High Court of A.P. at Amaravati [OPUC] 12. Three CD Copies, ssb m HIGH COURT DATED:25/06/2025 ORDER WP No.15315of 2025 DISPOSING OF THE W.P. WITHOUT COSTS