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High Court of Andhra Pradesh · body

2025 DAILYLAW 21685 (AP)

B MURTHY RAJU v. THE STATE OF AP

WP/15452/2025 · 2025-06-25

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

5 APHC010306332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) ; •I El Aw% THURSDAY,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CH ALLA GUNARAN JAN WRIT PETITION NO: 15452 OF 2025 M Between: B. Murthy Raju, S/o Narasimha Murthy, Age 58 yrs, Assistant Engineer, P.W. Works Shop Sub Division, Dowlaiswaram-533125, East Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Engineer in Chief, Administration Wing, Water Resources Department, 48-10-9/1, NH Feeder Road, Currency Nagar, Vijayawada. 3. The Superintending Engineer, Irrigation Circle, Dowlaiswaram, East Godavari District. ...Respondent(S) 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 or Order in the nature of Mandamus declaring the action of the respondents in not acting by the G.O.Ms. No. 679, General 01.11.2008 as arbitrary. Administration (Services-C) Department, dated illegal, and violative of the principles of natural justice and well-established constitutional rights 21 of the legal principles apart from being violative of the guaranteed to the petitioner under Articles 14, 16, 19 and Constitution of India and consequently direct the respondents to regularize the illegal suspension made against me for a period of 19 Months - 27 Days (From 03.07.2013 to 09.03.2015) and to extend ail consequential benefits to the petitioner and set the service records accordingly. . i--. 1 OF 2025 lA Pejition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to complete the disciplinary proceedings on the Articles of Charges framed in impugned Proceedings No. Rc/ENC/K3(2)/13071357/2013. Dated: 17.10.2017 and in G.O.Rt. No. 421 Water Resources (Vig.ll.V&E)A.2 Department Dated: expeditiously as possible, preferably within a reasonable time, or else it is needless to say that the charges framed against the petitioner/employee stand quashed automatically without reference. 02.08.2017 as Counsel for the Petitioner: SRI KIRAN KUMAR VADLAMUDI Counsel for the Respondents: GP FOR IRRIGATION The Court made the following: ORDER s APHC010306332025 THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15452/2025 IN [3506] THE Between: 1.B MURTHY RAJU, S/0 ASSISTANT ENGINEER, DOWLAISWARAM-533125, EAST GODAVARI DISTRICT. NARASIMHA MURTHY, AGE 58 YRS, P.W. WORKS SHOP SUB DIVISION, ...PETITIONER AND 1 THE STATE OF AP REP. BY ITS PRINCIPAL SECRETARY, WATER 1 .THE STATE OF AE, SECRETARIAT, VELAGAPUDI, RESOURCES DEPARTMENT, AMARAVATHI, GUNTUR DISTRICT. WATER CHIEF, ADMINISTRATION WING 48-10-9/1, NH FEEDER ROAD, 2.THE ENGINEER IN RESOURCES DEPARTMENT CURRENCY NAGAR, VIJAYAWADA. IRRIGATION CIRCLE SUPERINTENDING ENGINEER 3 THE DOWLAISWARAM, east GODAVARI DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith pleased topleased to issue a Writ or Order ,n the declaring the action of the respondents in not acting by the G.O.M . Na 679^ General Administration (Services-C) Department, dated 0^711.2008 a arbitrary illegal, and violative of the principles of natural lustice and w esSed legal principles apart from being violative of fe ^-s tutiona rights guaranteed to the petitioner under Articles 14, 16, 19 and 2 2 HCGR.J W.P.No.15452 of 2025 regularize 27 Days (From 03.07.2013 to 09.03.2015) and to extend all consequential benefits the petitioner and set the service records accordingly and pass such Counsel for the Petitioner: 1.KIRAN KUMAR VADLAMUDI Counsel for the Respondent(S): 1.GP FOR SERVICES II Constitution of India and consequently direct the respondents to the illegal suspension made against me for a period of 19 Months - to 3 HCGR,J W.P. No. 15452 of 2025 The Court made the following Order: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “....fo issue a Writ or Order in the nature of Mandamus declaring the action of the respondents in not acting by the G.O.Ms.No.679, General Administration (Services-C) Department, dated 01.11.2008 as arbitrary, illegal and violative of the principles of natural justice and well- established legal principles apart from being violative of the constitutional rights guaranteed to the petitioner under Articles 14, 16, 19 and 21 of the Constitution of India and consequently direct the respondents to regularize the illegal suspension made against me for a period of 19 Months 21 Days From 03.07.2013 to 09.03.2015 and to extend all consequential benefits to the petitioner and set the service records accordingly and to pass such other order or orders....” 2. Heard Ms. A.V.Sai Praneetha, learned counsel representing Sri Kiran Kumar Vadlamudi, learned counsel for petitioner and the learned Assistant Government Pleader for Services-ll appearing for respondents. 3. Petitioner is working as Assistant Engineer. He was placed under suspension by proceedings dated 02.07.2013 on the allegation that he committed certain irregularities in execution of temporary restoration works in relation to Neelam cyclone during the period from October to November, 2012. As the same was challenged before APAT and got suspended, he came to be reinstated into service on 09.03.2015. Later, he was issued charge memo vide proceedings dated 17.10.2017. To which, petitioner submitted statement of defense on 23.11.2017 refuting 4 i^CGR,J ^ W.P. No. 15452 of 2025 the said charges. Thereafter, 1®* respondent appointed Commissioner of Inquires to inquire into charges framed against petitioner. Though petitioner has participated in the inquiry before the Commissioner of Inquiries and report has submitted by the said body, respondent has not taken any final decision or concluded the disciplinary proceedings. Petitioner, in that process, was placed under suspension for a period of 19 months 27 days and on account of non-conclusion of inquiry, he is put to severe hardships besides his future prospects being at stake. 4. Learned counsel for petitioner places reliance on various orders passed by this Court in W.P.Nos.14567 of 2019, dated 25.09.2021 and which dealt with identical 17910 of 2021, dated 28.04.2023, circumstances. 5. Learned counsel for petitioner submits that even G.O.Ms.No.679 dated 01.11.2008 and G.O.Ms.No.91 dated 12.09.2022, respondents were required to complete the disciplinary proceedings within three (3) months in case of simple cases and six (6) months in case of complex cases. as per 6. Though it is almost eight (8) years from issuance of charge memo, the proceedings have not been concluded so far. It is clearly contrary to aforesaid time lines prescribed by the Government. Therefore, she would to dispose of the writ petition by directing respondents to conclude the inquiry within a specific time frame. urge 5 HCGR,J W.P. No. 15452 of 2025 7. On the other hand, learned Assistant Government Pleader placed on record written instructions dated 25.06.2025, inter alia, stating that after Commissioner of Inquiries and Inquiry Officer submitted inquiry report to the Government, same is under examination and steps are being taken to conclude the inquiry soon. 8. In view of the aforesaid statement, it would suffice to dispose of the writ petition by directing respondents to conclude the inquiry within a period of three (3) months from the date of case the inquiry is not concluded quashed. There shall be no order as to costs. receipt of the order and in proceedings against petitioner stands Interlocutory Applications pending if any, shall stand closed. Sd/- K TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, State of Andhra Pradesh, Water Resources Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Engineer in Chief, Administration Wing, Water Resources Department, 48-10-9/1, NH Feeder Road, Currency Nagar, Vijayawada. 3. The Superintending Engineer, Irrigation Circle, Dowlaiswaram, East Godavari District. 4. One CC to SRI. KIRAN KUMAR VADLAMUDI, Advocate [OPUC] 5. TwoCCsto GP FOR IRRIGATION, High Court of Andhra Pradesh at Amaravati, [OUT] 6. Two CD Copies n m i HIGH COURT DATED:26/06/2025 ORDER WP 15452/2025 DISPOSING OF THE WP WITHOUT COSTS