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2025 DAILYLAW 36402 (AP)

MEDISETTY SATYA SAI BABA v. The State of Andhra Pradesh,

WP/31404/2024 · 2025-01-03

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010596742024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31404/2024 Between: 1. MEDISETTY SATYA SAI BABA, S/O VERRIYYA, AGE 60 YEARS AGE 60 YEARS, FOREST BEAT OFFIER, KANDIKUPPA BEAT, AMALAPURAM RANGE, DR. B.R. AMBEDKAR KONASEENNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPT, OF ENVIRONMENT, FORESTS , SCIENCE AND TECHNOLOGY(SEC.IV) DEPARTMENT, , SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, ARANYA BHAVAN, GUNTUR, GUNTUR DIST. 3. THE CHIEF CONSERVATOR OF FOREST, RAJAMUNDRY CIRCLE EAST GODAVARI DISTRICT. 4. THE DISTRICT FOREST OFFICER, DR. B.R.AMBEDKAR KONASEEMA DISTRICT,AMALAPURAM. DR. B.R.AMBEKAR KONASEEMA DISTRICT. ...RESPONDENT(S): SRS,J W.P.No.31404 of 2024 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 declaring G.O.Rt.No.100 dated 16.9.2022 issued by the 1st respondent, framing the charges against the petitioner, as illegal, arbitrary, contrary to law. Violation of principles of natural justice, violation of Article 14, 16 and 21 of constitution of India and further direct the respondents to drop the further action on the above G.O.Rt.No.100 dated 16.9.2022 of the 1st respondent by considering the explanation dated 27.10.2022 of the petitioner and pass IA 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 to consider the Explanation dated 27.10.2022 of the petitioner by dropping further action on the above G.O.Rt.No.100 dated 16.9.2022 of the 1st respondent forthwith and pass Counsel for the Petitioner: 1. T V V KOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: :: ORDER :: The above writ petition is filed challenging the charge memo issued to the petitioner vide G.O.Rt.No.100 Environment, Forests, Science and Technology (Sec.IV) Department, dated 16.09.2022 (Ex.P1), as illegal and arbitrary. Page 3 of 5 SRS,J W.P.No.31404 of 2024 2. Heard Sri T.V.V. Koteswara Rao, learned counsel for the petitioner and Sri S. Raju, learned Assistant Government Pleader for Services – I appeared for respondents. 3. At the hearing, learned counsel for the petitioner would submit that a charge memo vide G.O.Rt.No.100 Environment, Forests, Science and Technology (Sec.IV) Department, dated 16.09.2022 (Ex.P1) was issued against the petitioner. The petitioner submitted a written defence dated 27.10.2022 (Ex.P3). However, the inquiry has not been concluded. 4. Sri S. Raju, learned Assistant Government Pleader for Services would submit that respondent authorities will conclude the inquiry in terms of G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022. 5. As seen from the material available on record, there is no dispute regarding the issuance of the charge memo to the petitioner and the explanation submitted by the petitioner vide Ex.P3. The genuineness or otherwise all the imputations will be considered during the inquiry. 6. 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 timelines to complete the inquiry within six months in complicated and three months in simple cases respectively. 7. In the case at hand, the charge memo issued against the petitioner is dated 16.09.2022 and the explanation submitted by the petitioner is dated 27.10.2022. Even after a lapse of two years, the inquiry has not been concluded so far. 8. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned SRS,J W.P.No.31404 of 2024 counsel, directing the respondent authorities to conclude the inquiry in terms of G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022 in pursuance of aforementioned charge memo. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 03.01.2025 TVN SRS,J W.P.No.31404 of 2024 78 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.31404 OF 2024 Date : 03.01.2025 TVN