IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUA TWO THOUSAND AND TWENTY FIVE i PRESENT ' THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30290 OF 20^4 Between: Devara Jayachandra, S/o. Gangulu, Aged 56 years, Occ: Headmaster, O/o. ZPHS'Guntharajupalli, T.Sundupalli Annamayya District ...PETITIONER AND ^ 1. The State of AP, Rep. by its Principal Secretary School Education Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner of School Education, School Education Department, ^ Vijayawada, Amaravati, Andhra Pradesh. 3- The Regional Joint Director, School Education Department, Kadapa. 4. The District Educational Officer, Annamayya, Annamayya district Andhra Pradesh. 5. The District Collector, Annamayya, Annamayya district Andhra Pradesh. 6. The Mandal Education Officer, Chinnamandem Mandal Annamayya ' District. 7. The Deputy Educational officer, Rayachoty, Annamayya District. / 8. The Deputy Educational Officer, Kadapa, YSR District (Inquiry Officer). ...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 an order, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3'^'^ respondent not concluding the departmental proceedings against the petitioner and not w* concluding the enquiry against the charges framed against the petitioner apart of posting the petitioner at faraway place to District as deemed punishment is illegal arbitrary unjust without jurisdiction unconstitutional and v.idlative of Article 14 16 and 21 of the Constitution of India and consequently direct the respondents to conclude the enquiry with regarding to the charges framed against the petitioner by taking consideration of the representation made by the petitioner for his innocents in the act that was framed against the petitioner and directed the respondents to conclude the enquiry within time frame fixed by this Hon'ble Court and Revise the place of working of the petitioner to a needy nearby place of earlier working station within the Mandal and pass lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents more particularly 3RD respondent to conclude the departmental proceedings against petitioner pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner : SRI PAMARTHY RATHNAKAR Counsel for the Respondents: SRI SARATH, ASST.GP FOR SERVICES III The Court made the following: ORDER ^APHCOI0570072024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30290/2024 Between: 1.DEVARA JAYACHANDRA, S/0 GANGULU AGED 56 YEARS OCC. HEADMASTER 0/0 ZPHS GUNTHARAJUPALLI, T.SUNDUPALLI ANNAMAYYA DISTRICT ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY SCHOOL EDUCATION DEPARTMENT, AMARAVATI, GUNTUR DISTRICT. SECRETARIAT, VELAGAPUDI, 2.THE. COMMISSIONER OF SCHOOL EDUCATION, SCHOOL EDUCATION DEPARTMENT, VIJAYAWADA, AMARAVATI, ANDHRA PRADESH. 3.THE REGIONAL JOINT DIRECTOR, SCHOOL EDUCATION DEPARTMENT, KADAPA 4.THE DISTRICT EDUCATIONAL OFFICER, ANNAMAYYA, ANNAMAYYA DISTRICT ANDHRA PRADESH 5.THE DISTRICT COLLECTOR, ANNAMAYYA, ANNAMAYYA DISTRICT ANDHRA PRADESH '-H 6.THE MANDAL EDUCATION OFFICER, CHINNAMANDEM MANDAL ANNAMAYYA DISTRICT 7.THE DEPUTY EDUCATIONAL OFFICER, RAYACHOTY, ANNAMAYYA DISTRICT SRS,J W.P.No.30290 of 2024 8.THE DEPUTY EDUCATIONAL OFFICER, KADAPA, YSR DISTRICT (INQUIRY OFFICER) ...RESPONDENT(S): 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 an order, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3RD respondent not concluding the departmental proceedings against the petitioner and not concluding the enquiry against the charges framed against the petitioner apart of posting the petitioner at faraway place to District as deemed punishment is illegal arbitrary unjust without jurisdiction unconstitutional and violative of Article 14 16 and 21 of the Constitution of India and consequently direct the respondents to conclude the enquiry with regarding to the charges framed against the petitioner by taking consideration of the representation made by the petitioner for his innocents in the act that was framed against the petitioner and directed the respondents to conclude the enquiry within time frame fixed by this Hon'ble Court and Revise the place of working of the petitioner to a needy nearby place of earlier working station within the Mandal and pass 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 to direct the respondents more particularly 3RD respondent to conclude the departmental proceedings against petitioner pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner: 1. PAMARTHY RATHNAKAR Counsel for the Respondent(S): 1.GP FOR SERVICES III SRS.J W.P.No.30290 of 2024 The Court made the following: :: ORDER:: Heard Sri P. Rathnakar, learned counsel for the petitioner and Sri Sarath, learned Assistant Government Pleader for Services - II appeared for respondents. 2. A charge memo vide Rc.No.1197/B3/2023, dated 18.08.2023 was issued against the petitioner (filed vide U.S.R.No. 124668 of 2024, dated 30.12.2024). The petitioner submitted a written defence/explanat ion 04.09.2023 (Ex.P3). The inquiry officer was appointed. However, the inquiry has not been concluded so far. on 3. At the hearing, learned counsel for the petitioner would confine his arguments and urge to direct respondent No.3 to conclude the inquiry in terms of G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022. Sri Sarath, learned Assistant Government Pleader for Services - II would submit that the inquiry officer submitted a report to the disciplinary authority. 4. 5. As seen from the material available on record, there is no dispute concerning initiation of disciplinary proceedings against the petitioner vide Rc.No.1197/B3/2023, dated 18.08.2023. The Government issued 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 fixing the timelines to complete the inquiry within six months in complicated and three months in simple cases respectively. 6. SRS,J W.P.No.30290of2024 Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, directing respondent No.3 to conclude the inquiry in terms of G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022. There shall be no order as to costs. 7. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- A. ViJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// r SECTION OFFICER 1. The Principal Secretary School Education Department, State of AP, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner of School Education, School Education Department Vijayawada, Amaravati, Andhra Pradesh. 3. The Regional Joint Director, School Education Department, Kadapa. 4. The District Educational Officer, Annamayya, Annamayya district Andhra Pradesh. 5. The District Collector, Annamayya, Annamayya district Andhra Pradesh. 6. The Mandal Education Officer, Chinnamandem Mandal Annamayya District. 7. The Deputy Educational officer, Rayachoty, Annamayya District. 8. The Deputy Educational Officer, Kadapa, YSR District (Inquiry Officer). ^9. One CC to Sri Pamarthy Rathnakar, Advocate [OPUC] 10.TWO CCs to GP for Services III, High Court of Andhra Pradesh. [OUT] 11. Three C.D. Copies. To, Cnr HIGH COURT DATED:22/01/2025 ORDER 17 MAR 2025 WP.No.30290 of 2024 ^ . Current Section . ^s^gPATCV^r^ DISPOSING OF THE W.P. WITHOUT COSTS