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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 59 OF 2025 Between: D Chandrasekhar Reddy, S/o. D.Venkata Reddy, aged about 59 years, Occ: Dy. Executive Engineer, ATMS River Oak Apartment, Flat no 207, Block-C, Navodaya colony, Tadepalle- Guntur District, Andhra Pradesh - 522501. ...PETITIONER AND
1. The State of AP, Rep. by its Principal Secretary, Roads and Buildings Department (R & B), Secretariat, Velagapudi, Amaravathi. 2. The Resident Commissioner, Andhra Pradesh Bhavan, 1, Ashoka Road - New Delhi. 3. The Additional Resident Commissioner, Andhra Pradesh Bhavan Ashoka Road - New Delhi. 4. The Engineer-in-Chief (R & B), M.G.Road, Vijayawada, Krishna District A.P. . 1, ...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 any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent authorities more particularly the Respondent No.4 in not concluding the disciplinary proceedings Vide Memo No.7504A/C(3)/2023 dt 15.04.2024 as arbitrary, illegal, void, against the principles of natural justice, against the service rules in vogue and violative of Articles 14, 16, 21 and of the
i w $S> Constitution of India apart from violation of instructions issued in G.O.Ms. No.679, GA (Ser-C) Department dated 01.11.2008 and consequently the set ; aside the proceedings Vide Memo No. 7504/7VC(3)/2023 dt 15.04.2024. 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 pass an interim order by suspending the impugned proceedings Vide Memo No. 7504/7VC(3)/2023 dt; 15.04.2024 issued by the Respondent No.4, pending disposal of the above writ petition. Counsel for the Petitioner: SRI ANGURU MANOHAR Counsel for the Respondent Nos. 1 to 3: GP FOR SERVICES II Counsel for the Respondent No.4: GP FOR SERVICES I The Court made the following: ORDER
APHC010606632024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m % i [3331] MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 59/2025 Between:
1.D CHANDRASEKHAR REDDY, S/0.
D.VENKATA REDDY, AGED ABOUT 59 YEARS, OCC DY. EXECUTIVE ENGINEER, ATMS RIVER OAK APARTMENT, FLAT NO 207, BLOCK-C, NAVODAYA COLONY, TADEPALLE- GUNTUR DISTRICT, ANDHRA PRADESH - 522501. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT (R AND B) VELAGAPUDI, AMARAVATHI. 2.THE RESIDENT COMMISSIONER, ANDHRA PRADESH BHAVAN, 1, ASHOKA ROAD - NEW DELHI. 3.THE ADDITIONAL RESIDENT COMMISSIONER, ANDHRA PRADESH BHAVAN, 1, ASHOKA ROAD - NEW DELHI. 4.THE ENGINEERINCHIEF R AND B, M.G.ROAD, KRISHNA DISTRICT, A.P. SECRETARIAT, VIJAYAWADA, ...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 pleased to issue any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent authorities more particularly the Respondent No.4 in not concluding the disciplinary proceedings Vide Memo No.7504/VC(3)/2023 dt 15.04.2024 as
2 arbitrary, illegal, void, against the principles of natural justice, against the service rules in vogue and violative of Articles 14, 16, 21 and of the Constitution of India apart from violation of instructions issued in G.O.Ms. No.679, GA (Ser-C) Department dated 01.11.2008 and consequently the set aside the proceedings Vide Memo No. 7504//VC(3)/2023 dt 15.04.2024 and pass 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 pass an interim order by suspending the impugned proceedings Vide Memo No. 7504/7VC(3)/2023 dt: 15.04.2024 issued by the Respondent No.4, pending disposal of the above writ petition and pass Counsel for the Petitioner;
1.ANGURU MANOHAR Counsel for the Respondent(S):
1.GP FOR SERVICES II The Court made the following;
;; ORDER ;; Heard Sri Anguru Manohar,
learned counsel for the petitioner, Sri Sarath, learned Assistant Government Pleader for Services-ll appearing for respondents 1 to 3 and Sri S.Raju, learned Assistant Government Pleader for Services-I appearing for 4**^ respondent.
2. The petitioner. Deputy Executive Engineer, filed the above writ petition to declare the action of the 4^*^ respondent in not concluding the disciplinary proceedings issued vide Memo No.7504A/C(3)/2023, dated 15.01.2024, as illegal and arbitrary. A charge memo vide Memo No.7504A/C(3)/2023, dated 15.01.2024 (Ex.P.2) was issued to the petitioner. The petitioner submitted a written defence on 22.04.2024 (Ex.P.3). Before issuance of the charge memo, the
3.
3 vide proceedings under suspension placed petitioner No.7349A/C(4)/2023, dated 02.01.2024 (Ex.P.1). was
Learned counsel for the petitioner would submit that the petitioner was reinstated into service in August, 2024. He would further submit that despite timelines fixed by the Government, vide G.O.Ms.No.679 General Administration (Services-C) Department dated 01.11.2008 and G.O.Ms.No.91 General Administration (Services-C) Department dated 12.09.2022, for simple three months and for complicated cases six months, the inquiry has not been concluded so far. Learned Assistant Government Pleader Services-ll would submit that the inquiry will be concluded in terms of G.O.Ms.No.91 dated 12.09.2022.
4. the cases
5. Given the facts and circumstances of the case, the Writ Petition is
disposed of, at the admission stage with the consent of learned counsel on either side, directing the learned 4^^ respondent to conclude the inquiry in vide Memo No.7504A/C(3)/2023, dated
6. pursuance of charge memo 15.01.2024, keeping in view the timelines set out in of G.O.Ms.No.91 General Administration (Services-C) Department dated 12.09.2022. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed.
SD/- N.NAGAillMA ASSISTANT REGISTRAR r^SECTI^N //TRUE COPY// OFFICER To
1. The Principal Secretary, Roads and Buildings Department (R & B), Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The Resident Commissioner, Andhra Pradesh Bhavan, 1, Ashoka Road - New Delhi.
3. The Additional Resident Commissioner, Andhra Pradesh Bhavan, 1, Ashoka Road - New Delhi.
4. The Engineer-in-Chief (R and B), M.G.Road, Vijayawada, Krishna District. A.P.
5. One CC to Sri Anguru Manohar Advocate [OPUC] Two CCs to GP for Services II, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] Three CD Copies
6.
7.
8. TF
i HIGH COURT DATED:06/01/2025
ORDER 1 0 JAN 2025 . Current Section § \ WP.No.59 of 2025 %m DISPOSING OF THE W.P. AT THE ADMISSION STAGE, WITHOUT COSTS