APHC010340512025 IN THE HIGH COURT (Special ANDHRA PRADESH AT AIWARAVATI Original Jurisdiction) \i MONDAY,THE FOURTEENTH DAY OF WO THOUSAND AND TWENTY FIVE JULY present JUSTICE NYAPATHY VIJAY -~S[2QZ012025 the honourable ^LPETIJIONNO: SRI Between; S. Haroon Basha, Beat Officer(Retired) S/o. S. Ameer Jhon, Aged about 62 Keelapatia Beat, Palamaner years, Occ. Forest Range, Chittoor District ...PETITIONER AND • The State Environment of Andhra Pradesh Rep. by its Principal r Technology Department '> Amaravati, Guntur District Conservator of Forests Secretary . A.P. Eorest, Science and Secretariat, Velagapudi 2. The Principal Chief and Head of Forest Force owers, Mangalagiri, Guntur District t of Forest, Anantapu Aranya Bhavan, APIlc 3- The Conservatoi 4. The District Forest r'h « ' District Chittoor Division, Chittoor Officer, District ...respondents Petition under Article circumstances stated i 226 of the Constitution 'n the affidavit filed of India praying that in the therewith, the High Court or direction pleased to issue an the nature of may be appropriate Writ, order a Writ of Mandamus concluding the disciplinary of^Charge issued in Ref.No. 2 Respondent . , ene which is in declaring the inaction of the Respondents Proceedings initiated in pursuance of the Articles 19024/49/2024/Vig-i(i) dated 27-02-2025 PSainst the Petitioner in terms Of G.O.MS No in of the 91 GAD Dept dated 12-09-2022 14 and 300A of the as Illegal, arbitrary, unconstitutional unfair and and violative of Articles Constitution of India . ,, consequently direct the Respondents initiated in unsustainable and to conclude the disciplinary of the Articles proceedings of Charge issued pursuance Ref.No.19024/49/2024Ni in 'g-i(i) dated 27-02-2025 as per the time of the 2"^^ Respondent stipulation provided in G.O.Ms.No.9l and thereby grant all against the Petitioner gad Dept dated 12-09-2022 consequential benefits thereafter. lA NO: 1 OF Petition under Section 151 in the affidavit filed i CPC praying that in the circumstances stated fnrih -.K petition, the High Court forthwith direct the Respondents initiated in may be pleased to to conclude the disciplinary proceedings Articles of Charge issued in 27-02-2025 of the pursuance of the Ref.No.19024/49/2024/Vig-i(i) dated against the Petitioner 2ndRespondent as per the time stipulation provided in G.O.Ms.No.91 gad Dept dated 12-09-2022. Counsel for the Petitioner; Counsel for the Respondent The Court made the following M/s. SODUA/I ANVESHA Nos.1 to 4: GP FOR SERVICES-I order: APHC010340512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17263/2025 Between: 1.S HARRON BASHA, , S/0. S. AMEER JHON, AGED ABOUT 62 YEARS, OCC. FOREST BEAT OFFICER(RETIRED), KEELAPATLA BEAT, PALAMANER RANGE, CHITTOOR DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENVIRONMENT, FOREST, SCIENCE AND TECHNOLOGY DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2.THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE, , ARANYA BHAVAN, APIIC TOWERS, MANGALAGIRI, GUNTUR DISTRICT 3.THE CONSERVATOR OF FOREST, ANANTAPUR CIRCLE, ANANTAPURAMU DISTRICT 4.THE DISTRICT FOREST OFFICER, CHITTOOR DIVISION, CHITTOOR DISTRICT P- 2 ...RESPONDENT(S): , Pf*®" mder Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith the Hgh Court may be pleased topleased to issue an appropriate Writ order or direction mostly one which is in the nature of a Writ of Mandamus, declaring the inaction of the Respondents in concluding the disciplinary proceedings initiated in pursuance of the Articles of Charge issued in Ref.No.19024/49/2024/Viq-i0) a ed 27-02-2025 of the 2' Respondent against the Petitioner in terms of G.O.Ms.No.91 GAD Dept dated 12-09-2022 as illegal arbitrary, unconstitutional and violative of Articles 14 and 300A of the Constitution of India, unfair and unsustainable consequently direct the Respondents to conclude the disciplinary proceedings initiated in pursuance of the Articles of Charge issued in Ref.No.19024/49/2024Nig-i(i) dated 27-02-2025 of the 2nd Respondent against the Petitioner as per the time stipulation provided in G.O.Ms,No,91 GAD Dept dated 12-09- 2022 and thereby grant all and consequential benefits thereafter and pass lA NO: 1 OF 2C\7^ Petition under Section 151 CPC circumstances stated in the affidavit filed* i petition, the High Court praying that in the -- in support of the dimrt tho D ^ pleased pleased to forthwith direct the Respondents to conclude the disciplinary initiated in proceedings p fM .no. Articles of Charge issued in Ref.No,19024/49/2024A/ig-i(i) dated 27-02-2025 of the 2ndRespondent against the Petitioner as per the time stipulation provided in G.O.Ms.No.91 GAD Dept dated 12-09-2022 and pass Counsel for the Petitioner: 1.SODUM ANVESHA Counsel for the Respondent(S): 3 Es»>at»i>»asjkj 1.GP FOR SERVICES I The Court made the following: THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.17263 of 2025 O R DE R: The present writ petition is filed questioning the inaction of the Respondents in concluding the disciplinary proceedings initiated by Respondent No.2 in Ref.No.19024/49/2024A/ig-i(i) dated 27.02.2025 in terms of G.O.Ms.No.91 GAD Department dated 12.09.2022 and consequently direct the Respondents to conclude the enquiry expeditiously. 2. The facts leading to the filing of the writ petition are as follows; ^ The Petitioner joined the Forest Department as Assistant Beat Officer in the year 1982 and thereafter promoted as Forest Beat Officer in the> year 2008 and superannuated in the same post. While he was working as Forest Beat Officer, Keelapatia Beat of Palamaner Range, a charge memo was issued on 05.12.2024 framing three Articles of charge and the same was withdrawn by the 4‘^ Respondent by proceedings dated 05.02.2025. Subsequently, a day before retirement i.e. on 27.02.2025, Respondent No.2 issued another charge memorandum vide Ref.No.19024/49/2024A/igi(i) framing three Articles of charge, denying the allegations. The Petitioner submitted his explanation 3- The grievance of the Petitioner i that though the charge February, 2025, there has no Enquiry Officer Respondent No.1 till date. in filing the writ petition i: memorandum was issued in the month of progress in the enquiry and were appointed by IS been no Presenting Officer or 4- Learned counsel for the Petitioner placing reliance (SER.C) Department Smt.Sodum Anvesha, by General Administration submits that the on G.O.Ms.No.91 dated 12.09.2022, Government had framed time frame for comprehensive guidelines fixing definite expediting the process of disciplinary cases in supersession of the previous Petitioner submits that i guidelines. Learned I in simple cases, the counsel for the enquiry should be in complicated cases, the to six months and seeks disciplinary proceedings. completed within three months and i enquiry should be completed within five for expeditiousconclusionof the 5- Learned Assistant Government would submit that since the Petitioner had the further action has been i Pleader for Services-I retired from service, initiated by Respondent No.1 for ...VC-:’ 3 appointment of Enquiry Officer and Presenting Officer and due to certain administrative issues, there is delay, however, submitted that the enquiry would be completed as expeditiously as possible mandated under the G.O.Ms.No.91 relied upon by the learned as counsel for the Petitioner. Having heard the learned counsel 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 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; 6. ‘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.’ 4 7. In view of the above, the writ petition is disposed of with the following directions: (i) The Respondent No.1 shall appoint an Enquiry Officer and Presenting Officer as required under ARCS (CCA) Rules, 1991 forthwith and 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 cooperate for expeditious conclusion of the enquiry. (iii) No order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Environment, Forest, Science and Technology Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati, Guntur District 2. The Principal Chief Conservator of Forests and Head of Forest Force, ,Aranya Bhavan, APIIC Towers, Mangalagiri, Guntur District 3. The Conservator of Forest, Anantapur Circle, Anantapuramu District 4. The District Forest Officer, Chittoor Division, Chittoor District 5. One CC to M/s. Sodum Anvesha, Advocate [OPUC] 6. Two CCs to GP for Services-l, High Court of Andhra Pradesh [OUT] 7. Two CD Copies 1. The Principal Secretary high court DATED:14/07/2025 5 19 AUG 2m ^ Current aeciion . ^ ORDER WP No.17263 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS