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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO^^j^ WRIT PETITION NO: 847 OF 2025 Between: S. Papaiah, S/o Moka Lingam, Aged about 66 years, Occ: Dy. EE (Retd.) O/o TW Sub-Division, Mandasa, Seethampeta Division, Srikakulam District R/o. H.No.1-96, Yashoda Srikakulam District. nagar (down), Pathapatnam (V and M) ...PETITIONER- AND
1. The State of A.P., rep. by its Principal Secretary, Tribal Welfare Engineering Department, Secretariat, Velagapudi, Guntur District. 2. The Engineer-In-Chief, Tribal Welfare Department, Revenue Colony, Labbipeta, Vijayawada, Krishna District. ...RESPONDENTS ^ Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus to declare the may one action of the Respondents in not concluding the disciplinary proceedings against the Petitioner vide Charge Memo Proc., No.B2/CB3/202/201 4-2 dt 17.06.2014 and making inordinate delay pending in concluding the disciplinary proceedings as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequently, direct the Respondents to conclude the disciplinary proceedings Petitioner, forthwith against the per the time schedule fixed by the Government vide G.O.Rt.No.679 (GAD), dt 01.11.2008, (or) drop the disciplinary as
% proceedings as per the settled Law laid down by the Hon'ble Apex Court on the ground of inordinate delay.^^ f IA.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 pending against the Petitioner, forthwith, as per the time schedule fixed by the Government vide G.O. Rt. No. 679 (GAD), dt; 01.11.2008, by extending the ratio of the orders in WP No. 1865/2020, dt; 30.01.2020 and as confirmed in W.A.No.45/2021, dt; 20.03.2021 and as per the orders in WP.No.7266/2024 dt:09.07.2024, in favor of the Petitioner pending disposal of the above writ petition.
■'^-1 Counsel for the Petitioner: SRI POODATTU AMARENDER Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES II The Court made the following: ORDER
APHC010015492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 847/2025 Between: ...PETITIONER S Papaiah AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner:
1.POODATTU AMARENDER Counsel for the Respondent(S):
1.GP FOR SERVICES II The Court made the following:
ORDER: This writ petition is filed under Article 226 of the Constitution of India for the following relief:
“ to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not concluding the disciplinary proceedings pending against the Petitioner vide Charge Memo Proc NO B2/CB3/202/20H2 dt 17.06.2014 and making inordinate delay in concluding the disciplinary proceedings as illegal arbitrary discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the Respondents to conclude the disciplinary proceedings against the Petitioner forthwith as per the time schedule fixed by the Government vide G.O .Rt No 679 GAD dt 01.11.2008 or drop the disciplinary proceedings as per the settled Law laid down by the Honble Apex Court on the ground of inordinate delay and to pass.... 2. Today, when the matter is taken up for hearing, iearned counsel for the petitioner, submits that this matter is squareiy covered by an order of this Court passed in WP No.19154 of 2024, dated 02.09.2024 Court to pass similar order in this writ petition also. 3. This Court, vide order, dated 02.09.2024 in WP No.19154 of 2024 has disposed of the writ petition. The operative portion of the said order, reads as under: and requests this
4. Learned Assistant Government Pleader for Services-ll appearing for the respondents opposed for grant of any relief in this writ petition and prayed to dismiss the same. 5. In view of the submissions made by both the learned counsels, this Court deems fit to dispose of this writ petition in terms of the said order dated 02.09.2024 passed by this Court in WP No. 19154 of 2024. 6. Accordingly, the Writ Petition is disposed of in terms of the order of this Court dated 02.09.2024 passed in WP No.19154 of 2024. There'shall be no order as to costs. 7. The Registry is directed to attach Court in WP No.19154 of 2024, dated 02.09.2024. a copy of the order passed by this
8. As a sequel, interlocutory applications, if any pending, shall stand closed. Sd/-VSAVITHRI GOWRI ASSISTANT REGISTRAR / Cii&OFFICER //TRUE COPY// SE To,
1. The Principal Secretary, Tribal Welfare Engineering Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Engineer-In-Chief, Tribal Welfare Department, Revenue Colony, Labbipeta, Vijayawada, Krishna District. 3.
One CC to Sri Poodattu Amarender, Advocate [OPUC]
4. Two CCs to GP for Services- II, High Court of Andhra Pradesh. [OUT]
5. Three CD Copies. (Along with a copy of the order in W.P. No.19154 of 2024, dated 02.09.2024) ssb
HIGH COURT DATED:10/01/2025
ORDER i' 14 FEB 2025 Current Section . ^!!5^£Spatch€$*-^ WP.No.847 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS
APHC010372812024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r' [3331] y MONDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19154/2024 Between: Sabbavarapu Srinivas ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.POODATTU AMARENDER Counsel for the Respondent(S):
1.GP FOR SERVICES II The Court made the following:
:: ORDER :: The above writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
“...to issue an appropriate writ, order or direction more particularly the nature of Writ of Mandamus to declare the action of the Respondents in not concluding the disciplinary proceedings pending against the Petitioner and making inordinate delay in concluding the disciplinary one in
SRS J W.P.No.19154 of 2024 proceedings as illegal arbitrary discriminatory and violative of Articles 14, 16 & 21 of the Constitution of India and consequently, direct the Respondents to conclude the disciplinary proceedings against the Petitioner, forthwith, as per the time schedule fixed by the Government vide G.O.Rt.No.679 (GAD) dt. 01,11.2008, (or) drop the disciplinary proceedings as per the settled Law laid down by the Honble Apex Court the ground of inordinate delay and to pass such other order or orders on
2. Heard Sri P.Amarender,
learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services appeared for the respondents.
3. Charge Memos six in number i.e.
(1) Memo No.A4-10082/98-PVP, dated 07.09.2000 (Ex.P2), (2) Charge Memo No.B3/4122/2001-VSP, dated 08.02.2006 (Ex.P7), (3) Procgs.No.CB3/6528/2001-VSP, dated 11.10.2010 (EX.P12), (4) Procgs.No.CB3A/&E-Alert No.56/PDR/206/2014-2, dated 31.07.2014 (EX.P16), (5) Procgs.No.B2/CB3/202/2014-4, dated 17.06.2014 (EX.P20) and (6) G.O.Rt.No.220 Social Welfare (TW.Ser.ll) Department, dated 22.07.2022 was issued against the petitioner. Despite, the reports of the inquiry officer, in all the charge memos, the disciplinary authority has not passed any order till today.
4.
Learned counsel for the petitioner would submit that the petitioner is aged about 61 years and will be retiring within one year.
5. Learned Assistant Government Pleader for Services would submit that the disciplinary authority will pass appropriate orders, in terms of. G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022.
SRS.J W.P.No.19154 of 2024
6. Given the facts and ci
disposed of, at the stage of admission circumstances of-the case, the Writ Petition IS r with the consent of both the learned counsel, directing the disciplinary authority to pass appropriate orders in pursuance of the inquiry report submitted by the inquiry officer in respect of aforementioned charge memos, within three (03) months in terms of (Services-C) Department, dated 01.11.2008 and in G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022. If the disciplinary authority fails the aforementioned charge quashed automatically, without reference to no order as to costs. } G.O.Ms.No.679 General Administration to pass appropriate orders, memos framed against the petitioner will be any further order. There shall be As a sequel, pending miscellaneous petitions if any, shall stand closed.
JUSTICE SUBBA REDDY SATTI Date : 02.09.2024 TVN