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APHC010525582025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27590/2025 Between:
1. CH PYIDI RAJU, S/O. SURYA RAJU, AGED ABOUT 65 YEARS, OCC ASST. BC WELFARE- OFFICER (RETD.,), VIZIANAGARAM (URBAN), R/O. D.NO 33-10-16, KARNALA VEEDHI,
ALLIPURAM, VISHAKAPATNAM, AP - 530004
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, BACKWARD CLASS WELFARE DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT.
2. THE DIRECTOR OF BC WELFARE, A.P., VIJAYAWADA, KRISHNA DISTRICT.
3. THE ACCOUNTANT GENERAL, A.P., VIJAYAWADA, KRISHNA DISTRICT.
...RESPONDENT(S): Counsel for the Petitioner:
1. POODATTU AMARENDER Counsel for the Respondent(S):
1. GP FOR SERVICES II The Court made the following:
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.27590 of 2025
ORDER:- The present writ petition is filed questioning the inaction of the Respondents in concluding the disciplinary proceedings initiated by Respondent No.1 vide G.O.Rt.No.165 Backward Classes Welfare (D) Department, dated 07.09.2022 and G.O.Rt.No.196 Backward Classes Welfare (D) Department, dated 14.11.2022 in terms of G.O.Ms.No.91 GAD Department dated 12.09.2022 and consequently direct the Respondents to conclude the enquiry expeditiously.
2. The facts leading to the filing of the writ petition are as follows:
The Petitioner was initially appointed as Hostel Welfare Officer (HWO) Grade-II on 20.01.1989 and subsequently, he was promoted as HWO Grade-I in the year 2010 and further promoted as Assistant BC Welfare Officer on 20.07.2016 and worked in the said post till he attaining the age of superannuation on 31.05.2020. While so, the Respondent No.1 initiated disciplinary proceedings under Rule 20 of A.P. Civil Services (CC&A) Rules, 1991 read with Rule 9 of A.P. Revised Pension Rules, 1980 and issued Article of Charges vide G.O.Rt.No.165, dated 07.09.2022. Subsequently, the Respondent No.1 also initiated disciplinary proceedings under Rule 20 of A.P. Civil Services (CC&A) Rules, 1991 read with Rule 9 of A.P. Revised Pension
Rules, 1980 and issued Article of Charges vide G.O.Rt.No.196, dated
14.11.2022. The Petitioner submitted his explanation denying the allegations.
3. The grievance of the Petitioner in filing the writ petition is that though the disciplinary proceedings were initiated in the year 2022, there has been no progress in the enquiry and no Enquiry Officer or Presenting Officer were appointed by Respondent No.1 till date.
4.
Learned counsel for the Petitioner by placing reliance on G.O.Ms.No.91 General Administration (SER.C) Department dated 12.09.2022, submits that the Government had framed comprehensive guidelines fixing definite time frame for expediting the process of disciplinary cases in supersession of the previous guidelines. Learned counsel for the Petitioner submits that in simple cases, the enquiry should be completed within three months and in complicated cases, the enquiry should be completed within five to six months and seeks for expeditious conclusion of the disciplinary proceedings.
5. Having heard the respective submissions, this Court is of the opinion that the Government had issued the comprehensive guidelines for conclusion of departmental proceedings vide G.O.Ms.No.91 General Administration (SER.C) Department dated 12.09.2022 and clause 5 (ix) would be relevant for disposal of this case which reads as under: ‘ix. Government direct that in all simple cases the inquiry initiated against Government Servant shall be completed within three months either by Departmental Officers or Commissioner of Inquiries. In complicated cases, it shall be ensured that the inquiry should be completed within five
to six months. The Secretaries to Government shall review the progress of the inquiries ordered in all disciplinary cases and submit a note on the cases pending beyond the stipulated time to Chief Secretary to Government and also the Chief Minister.’
6. In view of the above, the Writ Petition is disposed of with the following directions:
(i) The Respondent No.1 shall appoint an Enquiry Officer and Presenting Officer as required under APCS (CC&A) Rules, 1991 forthwith and shall ensure that the enquiry shall be concluded within a period of six (06) months from the date of receipt of a copy of this order.
(ii) The Petitioner shall cooperate for expeditious conclusion of the enquiry.
(iii) In the event, enquiry is not concluded within time specified, the Disciplinary Authority, as well as Enquiry Officer and Presenting Officer shall be answerable for the delay.
(iv) No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 08.10.2025
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION No.27590 of 2025
Dated: 08.10.2025
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