APHC010584482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 30133/2025 Between: 1. K V NAGASASTRULU, S/O S. SRIRAMULU, AGE 62 YEARS, PRESENTLY RETIRED AS ASSISTANT CITY PLANNER, AT ELURU MUNICIPAL CORPORATION. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (VIG-I) DIRECTORATE ATE, SECRETARIAT BUILDINGS, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR OF TOWN AND COUNTRY PLANNING, GOVERNMENT OF ANDHRA PRADESH, MGM CAPITAL, GROUND FLOOR, NRI HOSPITAL NH FLY OVER, MANGALAGIRI, GUNTUR DISTRICT, AMRAVATI ...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 topleased to issue an appropriate writ, order or direction more particularly one in the nature in WRIT of MANDAMUS aggrieved by the action of the Respondent in continuing the disciplinary proceedings vide impugned Charge in G.O.Rt.No 408 Dated 31.5.2019 of 1ST Respondent even after retirment of the Petitioner which is prolonged and unreasonably delayed and latches in conclusion of the same which is highly, illegal, arbitrary, contrary to law and violations of Principles of Natural Justice and contrary Articles 14, 16 2 and 21 of Constitution of India and consequently set aside the aforesaid impugned delayed disciplinary proceedings of 1ST Repondent vide G.O.Rt.No 408 Dated 31.5.2019 of 1ST Respondent and consequently direct the Respondent to forthwith release the petitioners all pensionary benefits includes full pensiona and gratuity with @ 24PERCENT per annum and to pass 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 pleased to suspend the impugned Charges vide G.O.Rt.No 408 Dated 31.5.2019 of 1®* Respondent by directing the Respondents to release the all pensionary benefits includes full pension and gratuity, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. S SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.30133 of 2025 ORDER: The present writ petition is filed questioning the inaction of the respondents in not concluding the disciplinary enquiry initiated against the petitioner vide G.O.Rt.No.408, dated 31.05.2019, as being illegal and arbitrary. 2. The petitioner retired on attaining the age of superannuation on 31.10.2024 as Assistant City Planner. While in service, a charge memo was issued on 31.05.2019 vide G.O.Rt.No.408, Municipal Administration & Urban Development (VIG.I) Department, framing four articles of charge against the petitioner. Pursuant thereto, an enquiry was conducted, and the Enquiry Officer submitted his report on 20.07.2021, recommending that all the charges against the petitioner be dropped as they were not proved. However, no further action was taken thereafter. Hence, the present writ petition is filed. 3. Learned Assistant Government Pleader for Municipal Administration and Urban Development submits that further action pursuant to the enquiry report dated 20.07.2021 will be concluded by the respondents as expeditiously as possible. 4. Considering the submissions, the writ petition is disposed of directing respondent No.1 to take further action pursuant to the enquiry report dated 20.07.2021 and pass appropriate orders within a period of three (3) months 4 from the date of receipt of a copy of this order. In the event the order is not passed within the stipulated time, the respondent authorities shall release the retirement benefits to the petitioner. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY Date: 03.11.2025 SNI 5 54 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.30133 of 2025 Dated: 03.11.2025 SNI