APHC010322242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.16497 of 2025 Between: 1. B. V. R. CH. PRASAD, S/O. JANARDHANA RAO (LATE), AGED ABOUT 62 YEARS, TAHSILDAR (RETD.), KAREMPUDI MANDAL, PALNADU DISTRICT, R/O. FLAT NO.302, BLOCK NO.5, PANCHAVATI APARTMENTS, ANANDPET, PONNUR ROAD, GUNTUR, GUNTUR DISTRICT-522003. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT AT VELAGAPUDI, GUNTUR DISTRICT-522 503. 2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, STATE OF A.P., AT 1ST AND 3RD FLOORS APIIC BUILDING, AUTO NAGAR NEAR NRI HOSPITALS, MANGALAGIRI, GUNTUR DISTRICT 522 503. 3. THE COLLECTOR AND DISTRICT MAGISTRATE, GUNTUR DISTRICT, GUNTUR. 4. THE COLLECTOR AND DISTRICT MAGISTRATE, BAPATLA DISTRICT, BAPATLA. ...RESPONDENT(S): 2 CGR,J W.P.No.16497 of 2025 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 in the nature of Mandamus or any other appropriate writ, order or direction. by declaring the proceedings bearing Rc.No.580/2022-A4, dt. 28-02-2022 (Charge Memo) and its continuance and non releasing the pensionary benefits though the petitioner retired from service on 31-10-2024, as illegal, arbitrary and unconstitutional being violative of Articles 14, 16 & 21 of Constitution of India and set aside the same and consequently direct the respondents to sanction and release all retiral benefits including Gratuity and other allowances etc., to the petitioner, with interest, and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1. S. GOPAL RAO Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 CGR,J W.P.No.16497 of 2025 O R D E R: Heard Sri S. Gopal Rao, learned counsel for petitioner, and learned Government Pleader for Services-I for respondents. 2. Petitioner retired as Tahsildar on attaining age of superannuation on 31.10.2024. While he was in service, charge memo vide Rc.No.580/2022-A4 dated 28.02.2022 was issued against him on the allegation of dereliction of official duties by not following the prescribed procedures and rules with respect to adangal corrections and not maintaining physical files for transactions approved by him. Petitioner submitted statement of defence on 14.03.2022, refuting the charges levelled. The inquiry has not yet been concluded and is still ongoing. Meanwhile, the petitioner retired from service on 31.10.2024 and on account of pendency of disciplinary proceedings, he is not being paid the retiral benefits or pension, to which he is entitled. 3. Learned counsel for petitioner submits that the inquiry ought to have been completed within six months in complicated cases and three months in simple cases, in terms of G.O.Ms.No.91, General Administration (SER.C) Department, dated 12.09.2022, however, since 2022, the inquiry has not yet been concluded and on account of pendency of the same, petitioner cannot be denied the retiral benefits and, therefore, would urge to direct the respondents to conclude the inquiry in time-bound manner. 4 CGR,J W.P.No.16497 of 2025 4. Learned Assistant Government Pleader appearing for respondents has placed on record written instructions dated 06.07.2025 and inter alia submitted that the inquiry would be completed within the timeline prescribed in the aforesaid G.O. and thereafter, petitioner’s pensionary benefits would be processed in terms of the final orders. 5. In view of aforesaid submissions, without touching merits of the matter, with the consent of both the learned counsel, the Writ Petition is disposed of at the admission stage, directing respondents to conclude the inquiry in all respects and pass final orders within three months in terms of G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022. It is made clear that if the proceedings are not concluded within the stipulated period as per G.O.Ms.No.91 dated 12.09.2022, they will lapse automatically and no further proceedings shall be continued or taken against the petitioner without referring to any further orders. Depending upon the order of inquiry, the retiral benefits of the petitioner shall be processed without any further delay. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 07.07.2025 IBL 5 CGR,J W.P.No.16497 of 2025 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.16497 of 2025 Dt: 07.07.2025 IBL