I > APHC010002552024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 7! THURSDAY,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 313 OF 2024 Between: Challa Venkata Narayana, S/o. Ramaiah, aged about 61 years, Occ; Deputy Range Officer, Kavali Range, Tettu Village, Gudlur Mandal, SPSR Nellore District, A.P. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Environment, Forests, Secretariat, Velagapudi, Amaravathi. 2. The Principal Chief Conservator of Forests, Forest Department, Aranya Bhavan, P.V.S. Landmark, Near APIIC Towers District, A.P. 3. The Chief Conservator of Forests, Guntur Circle, Collector Bungalow Road, Guntur, Guntur District, A.P. 4. The Divisional Forest Officer, Nellore Range, Vedayapalem Industrial Estate, Vedayapalem, Nellore, SPSR Nellore District, A.P. 5. The District Forest Officer, Nellore, SPSR Nellore District A.P. Science and Technology Department Mangalagiri, Guntur Aranya Bhavan, ...RESPONDENTS 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 any Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent ,, authorities more particularly the Respondent No.1 in Issuing the impugned G.O.Rt.No.92 dated 20.11.2023 and consequential proceedings for appointment of enquiry officer and to conduct enquiry against the Petitioner under Rule 20 of Andhra Pradesh Civil Services (Classification, Control and Appeal Rules), 1991 basing on a complaint after a belated period of 6 years as illegal, arbitrary, discriminatory, unjust and in violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently set aside the same. lA NO: 1 OF 2024 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 pass an interim order by suspending the impugned G.O.Rt.No.92 dated 20.11.2023 issued by the Respondent No.1 to and the consequential proceedings initiated against the Petitioner, until disposal of the above writ petition. lA NO: 2 OF 2024 Between: The State of Andhra Pradesh, Rep. by its Principal Secretary Environment, Forests, Science and Technology Department Velagapudi, Amaravathi. Secretariat, ...PETITIONER/RESPONDENT AND 1. Challa Venkata Narayana, S/o. Ramaiah, aged about 61 Deputy Range Officer, Kavali Range, Tettu Village SPSR Nellore District, A.P. years, Occ: Gudlur Mandal, ... RESPONDENT/ PETITIONER 2. The Principal Chief Conservator of Forests, Forest Department, Aranya Bhavan, P.V.S. Landmark, Near APIIC Towers, District, A.P. Mangalagiri, Guntur € 3. The Chief Conservator of Forests, Guntur Circle, Collector Bungalow Road, Guntur, Guntur District, A.P. 4. The Divisional Forest Officer, Nellore Range, Vedayapalem Industrial Estate, Vedayapalem, Nellore, SPSR Nellore District, A.P. 5. The District Forest Officer, Nellore, SPSR Nellore District, A.P. (Respondent No.2 to 5 are formal parties) Aranya Bhavan ■ ...RESPONDENTS/ RESPONDENTS 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 please to vacate the interim orders in I.A.No.1 of 2024 in W.P.No.313 of 2024, dated 08.01.2024 and dismiss the writ petition. Counsel for the Petitioner: SRI MANOJ KUMAR BETHAPUDI Counsel for the Respondent Nos.1 to 5: GP FOR SERVICES I The Court made the following: ORDER \ I APHC010002552024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 313/2024 Between: Challa Venkata Narayana ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.MANOJ KUMAR BETHAPUDI Counsel for the Respondent(S): 1.GP FOR SERVICES l(AP) The Court made the following: ORDER: The present writ petition is filed questioning the charge-memo issued to the petitioner vide G.O.Rt.No.92 Environment, Forests Science and Technology (Sec.IV) Department, dated 20.11.2023, and the consequential proceedings of appointment of enquiry officer, to be illegal, arbitrary and discriminatory. CGR, J, W.P.No.313 of 2024 2. This Court on 08.01.2024 passed interim order staying all further proceedings in pursuance to the said charge memo, as such, the impugned proceedings are now stayed. Heard Sri Motupalli Vijay Kumar, learned senior counsel, appearing on behalf of Sri Manoj Kumar Bethapudi, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing for the respondents. 3. 4. Sri Motupalli Vijay Kumar, learned senior counsel, appearing on behalf of the petitioner, submits that petitioner has subsequently retired from service on 30.06.2024 and in view of pendency of disciplinary proceedings, he has not been settled with the retirement benefits. 5. It is stated that petitioner has been working as Deputy Range Officer at Markapur, Prakasam District, during the period from 26.11.2015 to 16.10.2017. He alleged to have committed grave misconduct as intentionally delayed in submission of enumeration report of teak wood logs of the applicants therein to higher officials till 18.09.2017 though the said teak wood trees got felled on 02.07.2017 for recommending issuance of transit permits to the said applicants. 3 CGR, J. W.P.No.313 of 2024 6. Learned senior counsel appearing for the petitioner submits that the very same applicants have submitted letter, dated 14.09.2017, intimating that due to their pre-occupation and as they were not available in the station, they could not cooperate with the process of issuance of transit permits though their trees were fell and demarked and read ready to be despatched. Immediately, on 18.09.2017, necessary orders were issued for issuance of transit permits. Learned senior counsel, therefore, submits that the delay occurred in issuance of transit permits was not due to deliberate attempt or dereliction of duties by the petitioner rather it was due to non-availability of the applications who were supposed to be present for enumeration and completion of process. Therefore, the very issuance of charge-memo is unwarranted. 7. Learned Assistant Government Pleader for Services-I appearing for the respondents on the other hand tried to justify the impugned charge-memo while reiterating the contentions raised in the counter-affidavit and vacate stay petition. 8. As already petitioner has submitted statement of defence on 16.12.2023, though it appears that, as narrated by the learned senior counsel appearing for the petitioner, there is sufficient CGR, J. W.P.No.313of2024 correspondence to exhibit that it was on account of applicants’ non availability, the process had taken some time for issuance of transit permits and at any rate, as the disciplinary enquiry is going on, this Court deems it fit to relegate the petitioner to participate in the enquiry and the enquiry officer to look into aforesaid aspects. In view of the same, the writ petition is disposed of directing the respondents to complete the enquiry within three months in terms of time lines specified under 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. Further, the respondents are directed to release the retirement benefits to the petitioner in terms of G.O.Ms.No.1097, Finance and Planning (FE.Pen.l) Department, dated 22.06.2000, within six weeks. 9. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Environment, Forests, Science and Technology Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. 2. The Principal Chief Conservator of Forests, Forest Department, Aranya Bhavan.P.V.S. Landmark, Near APIIC Towers, Mangalagiri, Guntur District, A.P. r'' % - 3. The Chief Conservator of Forests, Guntur Circle, Aranya Bhavan, Collector Bungalow Road, Guntur, Guntur District, A.P. 4. The Divisional Forest officer, Nellore Range, Vedayapalem Industrial Estate, Vedayapalem, Nellore, SPSR Nellore District, A.P. 5. The District Forest Officer, Nellore, SPSR Nellore District, A.P. 6. One CC to Sri Manoj Kumar Bethapudi, Advocate [OPUC] 7. Two CC’s to GP for Services-I, High Court of A.P. at Amaravati[OUT] 8. Three CD Copies ssb HIGH COURT * DATED:26/06/2025 ORDER WP No.313 of 2024 3=( 0 'i JUL 2l)25 ^>4^»nlSecti2a €^i DISPOSING OF THE W.P. WITHOUT COSTS