f. APHC010381582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19788 OF 2025 Between: D. Revathi, W/o. N. Madhu, Aged about (MV & Audit), Vizianagaram R/o. 59 years, Sub-Registrar Grade-I, D. No. 2-280/1, Visakhapatnam-530040. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by the Chief Secretary to Government, Revenue (Regn. I) Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Commissioner and Inspector General i Government of Andhra Pradesh, Vijayawada 3. The Deputy Inspector General Visakhapatnam, Andhra Pradesh. of Registration and Stamps , Krishna District, A.P. of Registration and Stamps ...RESPONDENTS Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith pleased to issue of India praying that in the the High Court may be more particularly one in the action of the Respondents appropriate Writ, Order or Direction, the nature of a Writ of Mandamus by declaring in not considering and thereby denying Registrar to the Petitioner promotion to the post of District pendency of disciplinary (Vigilance-ll) Department dated on the ground of proceedings vide G.O. Rt. No. 435 Revenue 16-05-2024 issued by the Respondent i pertaining to the year 2018 (working check in respect of an alleged incident period of Petitioner) though surprise was conducted on 09-09-2019/10-09-2019 i.e. after Petitioners transfer, as being arbitrary, iiiegai, erroneous, irrationai, vitiated by delay and in Violation of Articles 14 and 16 of Constitution of India and set- aside the same accordingly and further be pleased to hold that the Petitioner is entitled to have her case considered and be promoted as District Registrar with without reference to the Charge Memo issued by Rt. No. 435 Revenue (Vigilance-ll) Department on the analogy of orders issued in similar cases in the benefits incidental thereto the Respondent vide G.O. dated 16-05-2024 interest of justice. jA NO: 1 OF Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated direct the R a ^e pleased to direct the Respondents to consider the case of the Petitioner for promotion to the post of District Registrar without the Respondent vide G.O. reference to the Charge Memo issued by dated 16 n5 onoa ■ {Vigilance-ll) Department ated 16-05-2024 in relation an alleged incident on the analogy of orders issued in similar cases. pertaining to the year 2018 Counsel for the Petitioner: Counsel for the Respondent Nos. The Court made the following order: SRI V. RAVICHANDRAN 1 to 3: GP FOR SERVICES I APHC010381582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19788 OF 2025 Between: ...PETITIONER D Revathi AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VRAVICHANDRAN Counsel for the Respondent(S) 1.GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19788 OF 2025 ORDER:- The present writ petition is filed questioning the inaction of the Respondents in denying the prombtidh to the post of District Registrar to the Petitioner on the ground of pendency of disciplinary proceedings vide G.O.Rt.No.435 Revenue (Vigilance-ll) Department, dated 16.05.2024 issued by the Respondent No.1 as illegal and arbitrary. 2. The facts leading to the filing of the writ petition are as follows: The Petitioner is working as Sub Registrar, Grade-1 in the Stamps and Registration Department and he is eligible and qualified for promotion to the post of District Registrar within zone of consideration. While so, a charge memo was issued on 16.05.2024 against the Petitioner alleging certain irregularities. Subsequently, the Respondent Authorities have initiated disciplinary proceedings under Rule 20 of A.P.Civil Service (CC&A) Rules, 1991 and issued Article of Charges vide G.O.Rt.No.435, dated 16.05.2024. The Petitioner submitted his explanation denying the allegations. 3. The grievance of the Petitioner in filing the writ petition is that though the charge memorandum was issued in the month of May, 2024 pertaining to the allegations of the year 2019, but there has been no progress in the enquiry and no Enquiry Officer or Presenting Officer were appointed by Respondent No.1 till date. Further, the Petitioner is on the verge of retirement Learned counsel for the Petitioner by placing reliance on G.O.Ms.No.91 4. General Administration (SER.C) Department dated 12.09.2022, submits that the Government had framed comprehensive guidelines fixing definite time frame for expediting the process of disciplinary cases in supersession of the previous guidelines. Learned counsel for the Petitioner 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. 5. Learned Assistant Government Pleader for Services-I would submit that further action has been initiated by Respondent No.1 for 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 as mandated under the G.O.Ms.No.91 relied upon by the learned counsel for the Petitioner. 6. 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: ‘ix. Government direct that in all aimple cases the inquiry initiated against Government Servant shall be completed within three months eitner by Departmental Officers or Commissioner of Inquiries. In complicated it shall be ensured that the inquiry should be completed within five cases, 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.’ In view of the above, the Writ Petition is disposed of with the following 7. directions: (i) The Respondent No.1 shall appoint an Enquiry Officer and Presenting Officer as required under APCS (CCA) Rules, 1991 forthwith and shall ensure that the enquiry shall be concluded within a period of six (06) months from the date of receipt of a copy of this order. (ii) The Petitioner shall cooperate for expeditious conclusion of the enquiry. (iii) In the event, enquiry is not concluded within time specified, the Disciplinary Authority, as well as Enquiry Officer and Presenting Officer shall be answerable for the delay. (iv) No order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/-K. TATA RAO deputy REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Chief Secretary to Government, Revenue (Regn. I) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Commissioner and Inspector General of Registration and Stamps, Government of Andhra Pradesh, Vijayawada, Krishna District, A.P. X s 3. The Deputy Inspector General of Registration and Stamps, Visakhapatnam, Andhra Pradesh. 4. One CC to Sri V. Ravichandran, Advocate [OPUC] 5. Two CCs to GP for Services-1, High Court of Andhra Pradesh [OUT] 6. Two CD Copies. ssb HIGH COURT DATED;01/08/2025 ORDER WP No. 19788 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS