t ! APHC0103872S2025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0? StF THURSDAY, THE THIRTY FIRST DAY OF JULY fu (ill TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ¥l WRIT PETITION No: 19896 OF 2025 Between: K Subbaiah, S/o. Late K. Nasaraiah, Age 61 years, Working as Executive Engineer, SMI Division, Rampachodavaram, Alluri Sitharama Raju district, R/o. Flat.No.T-4, Dubi Apartments, Rajahmundry, East Godavari District. ...PETITIONER AND 1. The State of A.P, Rep by its Special Chief Secretary, Water Resources cum Irrigation Department, A.P. Secretariat, Velgapudi, Guntur district. 2. The EngineerinChief (Admn), Water Resources Department Irrigation, Ho.No. 27-20-44, Jalasoudha Building, 4 Vekateswara Rao Street, Govenorpeta, Vijayawada-520002, NTR District. 3. The State of A.P., Rep by its Special Chief Secretary (Lands R&S) Secretariat, Velgapudi, Guntur District. th Floor, Museum Road, ...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 a Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declare the action of the respondents in not concluding the long pending Disciplinary Proceedings vide G.O.Rt.No. 795 Revenue (Vigilance-1) Dept dated 13-11-2024, for the incident pertaining to the year 2003-04, as illegal arbitrary and in violation of existing specific instructions of the Government, for early conclusion, and as well as the judgment of the Hon’ble Apex Court, reported in P.V.MAHADEVAN Vs. M.D. TAMIL NADU HOUSING BOARD, and accordingly set aside the same, consequently direct the respondents to conclude the disciplinary proceedings vide G.O.Rt.No. 795 Revenue (Vigiiance-1) Dept dated 13-11-2024 within a period 3 months in terms of G.O.Ms.No. 679 GA (SER.C) Department, dated 1-11-2008 G.O.Ms.No.91 GAD Dated 12-09-2022, failing which the proceedings stands quashed automatically in terms of the similar orders passed in W.P.No.15121 of 2025 dated 25-06-2025. lA 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 respondents to conclude the disciplinary proceedings within 3 months, pending against the petitioner vide (Vigilance-1) Dept dated 13-11-2024 (for the incident pertaining to the 2003-04) pending disposal of the above writ petition and to Counsel for the Petitioner: SRI CHILAMKURTHI SATYA DEV NAIDU Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES-II Counsel for the Respondent No.3: GP FOR SERVICES-I The Court made the following order: G.O.Rt.No. 795 Revenue year pass APHC010387282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] ■ X0? THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19896 OF 2025 Between; K Subbaiah ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.CHILAMKURTHI SATYA DEV NAIDU Counsel for the Respondent(S): 1.GPFOR SERVICES II The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19896 OF 2025 ORDER:- The present writ petition is filed questioning the inaction of the Respondents in concluding the disciplinary proceedings initiated by Respondent No.3 in G.O.Rt.No.795 Revenue (Vigilance-1) Department, dated 13.11.2024 in terms of 0;0Wi!Nf: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 worked as Additional Deputy Executive Engineer K.C.Canal Special Sub Divison, Mydukuru of K.C.Canal Division, Nandyal from 08.05.2003 to 09.09.2024. Subsequently, he was promoted and transferred to IB Division, Ananthapur as DEE. While so, a charge memo was issued on 30.10.2024 against the Petitioner and other 19 officials alleging certain irregularities. Subsequently, the Respondent No.3 initiated disciplinary proceedings under Rule 20 read with Rule 24 of A.P.Civil Service (CC&A) Rules, 1991 and issued Article of Charges vide G.O.Rt.No.794, dated 13.11.2024. 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 January, 2025 denying the allegations, 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 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. 4. 5. Learned Assistant Government Pleader for Services-ll 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 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. ’ 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 Special Chief Secretary, Water Resources cum Irrigation Department, State of Andhra Pradesh Secretariat, Velgapudi, Amaravati, Guntur District. 2. The Engineer-in-Chief (Admn), Water Resources Department (Irrigation), Ho.No.27-20-44, Jalasoudha Building, 4*^ Floor, Museum Govenorpeta, Vijayawada-520002, Road, Vekateswara Rao Street, NTR District. 3. The Special Chief Secretary (Lands, R&S) Revenue Department, State of Andhra pradesh. Secretariat, Velgapudi, Amaravati, Guntur District. 4. One CC to Sri Chilamkurthi Satya Dev Naidu, Advocate [OPUC] 5. Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] 6. Two CCs to GP for Services-ll, High Court of Andhra Pradesh [OUT 7. Two CD Copies. gi HIGH COURT DATED:31/07/2025 ORDER WP No.19896 OF 2025 ^ 2 0 AUG 2025 *^sCjJ2«ntSectiwiX*^ /O Co DISPOSING THE WRIT PETITION WITHOUT COSTS