APHC010328422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16693/2025 Between: 1. NAMANA KRISHNA MOHANA RAO,, S/O VENKATESWARLU, AGED ABOUT 60 YEARS, FAC, SRO, GIDDALURU, R/O D.NO.8- 11-33, MUNCIFVARI STREET, VADAREVU ROAD CHIRALA MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE (VIGILANCE II) DEPARTMENT, SECRETARIET BUILDING, VELAGAPUDI, AMARAVATI. 2. THE SPECIAL CHIEF SECRETARY TO GOVERNMENT, REVENUE VIGILANCE, SECRETARIET BUILDING, AMARAVATI ...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 order or direction more particularly one in the nature of Writ of Manadamus declaring the inaction of the 2nd Respondent on the representation dt.30-10-2024 made by the Petitioner for dropping of charges vide G.O.Rt.No.527 dt.30-05-2023 pursuant to the orders of this Hon'ble Court in W.P.No.2265 of 2022 wherein the very initiation of surprise check in C.No.3/SC-ACB-NPK/2013 dt.28-03- 2013 was quashed is illegal, arbitrary, capricious and violative of Articles 14, 16 and 21 of Constitution of India. Consequently, direct the 2nd 2 Respondent to dispose of the Petitioner's representation pursuant to the orders of this Hon'ble Court in W.P.No.2265 of 2022 within a stipulated time by forthwith. IA 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 2nd Respondent to dispose of the Petitioner representation dt.30-10-2024 pursuant to the orders of this Hon'ble Court in W.P.No.2265 of 2022 within a stipulated time by forthwith pending disposal of the above writ petition. Counsel for the Petitioner: 1. N A RAMACHANDRA MURTHY Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.16693 of 2025 O R DE R: 1. The present writ petition is filed questioning the inaction of Respondent No.2 in considering representation dated 30.10.2024 made by the Petitioner for dropping of charges vide G.O.Rt.No.527, dated 30.05.2023, pursuant to the orders of this Court in W.P.No.2265 of 2022, dated 09.08.2024, wherein the very initiation of surprise check in C.No.3/SC-ACB-NPK/2013, dated 28.03.2013 was quashed, as illegal and arbitrary. 2. The facts leading to filing of the present Writ Petition are as follows; The Petitioner was initially appointed as a Junior Assistant in Stamps and Registration Department on 14.02.1992 and thereafter promoted as Senior Assistant on 19.09.2011. Now, the Petitioner is working as Sub-Registrar (FAC), Giddaluru. It is contended that since the date of joining, the Petitioner worked to the utmost satisfaction of the superior authorities without any blemish record. 3. It is further contended that while the Petitioner was working as Senior Assistant, In-charge Sub-Registrar, O/o SRO, Darsi, Prakasam District, a surprise was conducted by the ACB on 28.03.2013, wherein certain irregularities were found against the 4 employees, including the Petitioner and subsequently disciplinary proceedings were initiated vide 4 C.No.3/SC-ACB-NPK/2013, dated 28.03.2013 and the matter was referred to the Tribunal vide Memo No.12230 Vig.VI(1)/2013-1, dated 29.10.2013. Questioning the said Proceedings, the Petitioner filed W.P.No.2265 of 2022 before this Court for not conducting disciplinary proceedings even after lapse of 8 years and sought for quashing the same. 4. The said Writ Petition was allowed on 09.08.2024 following the covered Common Order in W.P.Nos.11776 and 11779 of 2021, dated 19.07.2021 in a similar issue. After filing and before disposal of said Writ Petition, Respondent No.2 has issued Articles of Charges vide G.O.Rt.No.527, dated 30.05.2023. In view of the orders passed in W.PNo.2265 of 2022, dated 09.08.2024, the Petitioner made a representation on 30.10.2024 to Respondent No.2 requesting to drop the Articles of Charge, but no action has been taken by Respondent No.2. Hence, the present Writ Petition is filed. 5. The grievance of the Petitioner in filing the present Writ Petition is that though the Articles of Charges were initiated in the month of May, 2023, there has been no progress till date. 6. Learned counsel for the Petitioner Sri N.A. Ramachandra Murthy, by placing reliance on G.O.Ms.No.91, General Administration (SER.C) Department, dated 12.09.2022, submits that the Government had framed 5 comprehensive guidelines fixing definite time frame for expediting the process of disciplinary cases in supersession of the previous guidelines. The counsel further submits that in simple cases, the enquiry should be completed within three months and in complicated cases, the enquiry should be completed within five to six months and seeks for expeditious conclusion of the disciplinary proceedings. 7. Learned Assistant Government Pleader for Services-I would submit that due to certain administrative issues, there is delay, however, submitted that the enquiry would be completed as expeditiously as possible, as mandated under the G.O.Ms.No.91, dated 12.09.2022 relied upon by the counsel for Petitioner. 8. It is further contended that the issue in W.P.No.2265 of 2022, dated 09.08.2024 is not relevant for the purpose of this case as the said case was the disciplinary proceedings were quashed on account of delay in conclusion, whereas, in this case, the disciplinary proceedings were initiated in the year 2023 and therefore the issue of delay in conclusion of proceedings would not arise. 9. Having heard the learned counsel for Petitioner and taking note of the submissions made by the Assistant Government Pleader, this Court is of the opinion that the Government had issued the comprehensive guidelines for conclusion of departmental proceedings vide 6 G.O.Ms.No.91, General Administration (SER.C) Department, dated 12.09.2022 and clause 5 (ix) would be relevant for disposal of this case, which reads as under: ‘ix. Government direct that in all simple cases the inquiry initiated against Government Servant shall be completed within three months either by Departmental Officers or Commissioner of Inquiries. In complicated cases, it shall be ensured that the inquiry should be completed within five to six months. The Secretaries to Government shall review the progress of the inquiries ordered in all disciplinary cases and submit a note on the cases pending beyond the stipulated time to Chief Secretary to Government and also the Chief Minister.’ 10. In view of the above, the Writ Petition is disposed of with the following directions: (i) The Respondent authority shall ensure that the enquiry shall be concluded within a period of six months from the date of receipt of a copy of this order. (ii) The Petitioner shall co-operate for expeditious conclusion of the enquiry. (iii) No order as to costs. 11. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 17.07.2025 IS 7 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.16693 of 2025 Date: 17.07.2025 IS