APHC010337772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 17051/2025 Between: 1. B.M. CHANAKYA RAJ, S/O B. MARK AGED ABOUT 67YRS, OCC- RETD. D.F.O. R/O H.NO.29/557, VISWASAPURAM NANDYAL, NANDYAL DISTRICT 2. A. PEERAIAH, S/O VENKATA SUBBAIAH AGED ABOUT 62YRS, OCC- RETD. DEPUTY RANGE OFFICER CHANDRASEKHAR NAGAR KURNOOL, KURNOOL DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, INDUSTRIES AND CONNMERCE (VIG.) DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF THE FOREST FORCE, GOVERNMENT OF ANDHRA PRADESH MANGALAGIRI, GUNTUR DISTRICT 3. V RAVICHAND, DEPUTY DIRECTOR OF MINES AND GEOLOGY KURNOOL, KURNOOL DISTRICT 2 CGR,J W.P.NO.17051 OF 2025 ...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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondent No.1 in issuing G.O.Rt.No.106, dt.23-06-2025 appointing the 3rd respondent as Inquiring Authority to inquire into the charges framed against the petitioners in G.O.Rt.Nos.326 and 328 both are dt.28-11-2019 without considering the explanation submitted by the petitioners and the remarks send by the 2nd respondent vide Proceedings Ref.No.912/2017/Vig.-1, dt.03-08-2021 as arbitrary, illegal and consequently set aside the Impugned G.O.Rt.No.106, dt.23-06-2025 issued by the 1st respondent with a direction to close the Departmental proceedings against the petitioners in the interest of justice. 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 may be pleased to grant stay of all further proceedings in pursuant to the Impugned G.O.Rt.No.106, dt.23-06-2025 issued by the 1st respondent pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner(S): 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. GP FOR SERVICES I 3 CGR,J W.P.NO.17051 OF 2025 The Court made the following ORDER: Petitioners have retired as Divisional Forest Officer and Deputy Range Officer on attaining the age of superannuation. While in service, common disciplinary proceedings came to be initiated against them, along with others, vide G.O.Rt.No.330 dated 28.11.2019. In pursuant to the same, memos were issued vide G.O.Rt.Nos.326 and 328, Industries, Infrastructure, Investment & Commerce (Vigilance) Department, even dated 28.11.2019, alleging that they have abetted and aided illegal mining in forest area during the period 2011-2017. Petitioners submitted a statement a defence on 16.02.2020 and refuted the aforesaid said charges. It is stated that the Principal Chief Conservator of the Forests submitted remarks on 03.08.2021, stating that no illegal mining was undertaken in forest area, so far, forest staff cannot be held responsible for illegal mining that took place in revenue, endowments and patta lands. Now, by G.O.Rt.No.106, Industries and Commerce (Vigilance) Department, dated 23.06.2025, an Inquiry Officer came to be appointed. Assailing the same, the present writ petition is filed. 4 CGR,J W.P.NO.17051 OF 2025 2. Heard Sri P.Nagendra Reddy, learned counsel for the petitioners and learned Assistant Government Pleader for Services-I for respondents. 3. Learned counsel for the petitioners submits that the Principal Chief Conservator of Forests has already submitted remarks holding that no illegal mining was undertaken in the forest area. Therefore, the question of initiation of disciplinary proceedings against the petitioner does not arise. Even the appointment of Inquiry Officer is completely unnecessary rather that the respondents should have dropped all further proceedings. 4. Learned Assistant Government Pleader for Services-I submits that mere opinion expressed by the Special Chief Conservator of Forests, have any conclusiveness to come a decision that the petitioners have not involved in the allegations and at any rate, as Inquiry Officer is appointed, he is going into inquiry all these aspects and come to the conclusion based on the material evidence on record, and as Inquiry Officer has been appointed, disciplinary proceedings would be concluded within a period of three (03) months in terms of G.O.Ms.No.679, General 5 CGR,J W.P.NO.17051 OF 2025 Administration (Services-C) Department, dated 01.11.2008 and G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022. 5. Submissions of learned counsel for the petitioners is that in view of the opinion expressed by the Principal Chief Conservation Officer by letter dated 03.08.2021, all further proceedings have to be dropped, utmost the said opinion may be a piece of evidence for petitioners to take benefit during the inquiry and that would be undertaken by Inquiry Officer. As the charge memo was issued in the year 2019, and inquiry is still going on, this Court deems it fit to direct for expeditious conclusion of the disciplinary proceedings. 4. In view of the same, the Writ Petition is disposed of directing the respondents to conclude the disciplinary proceedings within a period of three (03) months from the date of receipt of a copy of this order, in terms of G.O.Ms.No.679, General Administration (Services-C) Department, dated 01.11.2008 and G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022. There shall be no order as to costs. 6 CGR,J W.P.NO.17051 OF 2025 As a sequel, miscellaneous applications, pending if any, shall stand closed. _______________________ CHALLA GUNARANJAN, J 10.07.2025 LSP 7 CGR,J W.P.NO.17051 OF 2025 161 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 17051/2025 10.07.2025 LSP