Extracted from the PDF above. The PDF is authoritative.
APHC010451992025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23781/2025 Between: Putla Ajay Babu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. B SESIBUSHAN RAO Counsel for the Respondent(S):
1. GP FOR SERVICES I The Court made the following:
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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.23781 of 2025 O R D E R:
In the present Writ Petition, the Petitioner is questioning the Charge Memorandum issued on 27.07.2023 vide Memo No.1998212/PR&RD/B1/2023 by the Respondent No.2 based on a report of the Divisional Panchayat Officer, Tekkali. 2. The Petitioner while working as Panchayat Secretary Grade-I at Tekkali Gram Panchayat, was issued the present Charge Memorandum on the ground of lapses in the collection of taxes.The said Charge Memorandum was issued on the basis of a report given by the Divisional Panchayat Officer, Tekkali, vide Lr.No.109/2021C, dated 28.02.2022. 3. The main contention of the learned counsel for the Petitioner is that the Petitioner was transferred to Tekkali Gram Panchayat vide Proceedings issued by the District Collector on 15.10.2021 and had joined the said office on 16.10.2021. 4. Learned counsel for the Petitioner submits that the alleged misappropriation pertains to the period from 2018-2019 to 2020-2021 i.e., for the period prior to the joining of the
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Petitioner to the said place. Alternatively, the learned counsel for the Petitioner submits that a direction be given to the Respondent Authorities to conclude the enquiry in terms of G.O.Ms.No.91 General Administration (SER.C) Department dated
12.09.2022. In that context, the present Writ Petition is filed. 5. Learned Assistant Government Pleader submits that the Article of Charge framed against the Petitioner is vis-à-vis the tenure of the Petitioner as Panchayat Secretary Grade-I at Tekkali, i.e., for the period from 16.10.2021 to 28.02.2022. As regards the issue raised by the Petitioner, the learned Assistant Government Pleader submits that the issue is factual and needs to be evaluated by the Disciplinary Authority after receipt of the Enquiry Report. 6. Having heard the respective counsel, as the contentions urged by the Petitioner are factual in nature, it would not be appropriate for this Court to evaluate the correctness of the Charge Memorandum on the contentions addressed by the Petitioner.
However, the alternative argument of the learned counsel for the Petitioner deserves merit. 4
7. 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 further 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. However, in this case, without any reasonable ground, the enquiry is pending. 8. Considering the submissions made, the present Writ Petition is disposed of with the following directions: (i) The Respondent Authorities are directed to conclude the Disciplinary Enquiry initiated against the Petitioner within a period of six months in terms of G.O.Ms.No.91 General Administration (SER.C) Department dated 12.09.2022. (ii) There shall be no order as to costs. 5
As a sequel, miscellaneous applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 12.09.2025
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 23781/2025 Dt. 12.09.2025
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