IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12012 OF 2025 Between: Marturi Yalamandaiah, S/o. late Venkata Swamy, age 62 years. Working as Attender in Asst. Commissioner, No.3 Circle, Nellore, R/o D.No.25-1-629, Z.P.Colony, Podalakuru Road, Nellore. ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its Special ChiefSecretary, Revenue(Vigilance II), Secretariat Building, Amaravati. 2. The Principal Secretary (Rev), (CT,Fin Dept), IV Block, Secretariat Building, Amaravati. 3. The Assistant Commissioner (ST), Trunk Road, Nellore. 4. The Joint Commissioner (ST), Nellore Division, Nellore. ...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 a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in issuing the G.O.Rt.No.843 and 844 dt 16-05-2023 wherein appointing the Inquiry Officer pursuant to the Articles of Charges issued vide G.O.Rt.No.696, dt. 27-08-2020 in connection with the surprise check conducted on 29-12-2013 alleging corruption at the integrated check post B.V.Palem, Tada Mandal, S.P.S.R.Nellore after lapse of 12 years, thereby due to pendency of the alleged charges not sending the retirement benefits proposals of the petitioner to the government is illegal, arbitrary, capricious and violative of Articles 14, 16, 21 and 300A of Constitution of India. Consequently, direct the 3rd Respondent not to stop the retirement benefits of the petitioner such as pension, gratuity and communtation of pension without reference to the alleged charges in terms of G.O.Ms.No.91 dt 12-09-2022 and Circular Memo NO.993083/FINO1-HROCLI/9/2019- HR- Ill dt 15-03-2020. 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 direct the 3'^'^ Respondent not to stop the retirement benefits such as pension, gratuity and communtation of pension without reference to the alleged charges vide G.O.Rt.No.696, dt:27-08-2020 in terms of G.O.Ms.No.91 dt: 12-09-2022 and Circular Memo NO.993083/FINO1- HROCLI/9/2019-HR-III dt: 15-03-2020 pending disposal of the above writ petition. Counsel for the Petitioner : SRI N. A. RAMACHANDRA MURTHY Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER 7 APHC010230922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12012/2025 Between: ...PETITIONER Marturi Yalamandaiah AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. N A RAMACHANDRA MURTHY Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 HCGR.J W.P.No.12012 of 2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in issuing the G.O.Rt.No.843 and 844 dt 16-05-2023 wherein appointing the Inquiry Officer pursuant to the Articles of Charges issued vide G.O.Rt.No.696, dt.27-08-2020 in connection with the surprise check conducted on 29-12-2013 alleging corruption at the integrated check post B.V.Palem, Tada Mandal, S.P.S.R.Nellore, after lapse of 12 years, due to pendency of the alleged charges not sending the retirement benefits proposals of the petitioner to the government is illegal, arbitrary, capricious and violative of Articles 14, 16, 21 and 300A of Constitution of India. Consequently, direct the 3'*^ Respondent not to stop the retirement benefits of the petitioner such as pension, gratuity and communtation of pension without reference to the alleged charges in terms of G.O.Ms.No.91 dt 12-09-2022 and Circular Memo NO.993083/FINO1-HROCLI/9/2019-HR-III dt 15-03-2020 and to pass such other order or orders....” Heard Sri N.A.Ramachandra Murthy, learned counsel for the 2. petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. Petitioner, who has been working as attender in Commercial Tax Department, on account of surprise check conducted on 29.12.2013 at the integrated check post B.V.Palem, Tada Mandal, S.P.S.R.Nellore, on allegations of corruption, has been proceeded with departmental inquiry and accordingly issued charge memo vide G.O.Rt.No.696, Revenue (Vigilance-ll) Department, dated 27.08.2020 setting out Article of Charges. Petitioner submitted detailed explanation on 21.10.2020 refuting aforesaid allegations. Later, respondents have issued G.O.Rt.Nos.483 and 484, Revenue 3 HCGRJ W.P. No.12012 of 2025 (Vigilance-VI) Department, dated 16.05.2023, appointing Inquiry Officer to inquire into the charges framed against the petitioner, the inquiry is stated to be still pending. Learned counsel for the petitioner by drawing attention to 4. G.O.Ms.No.91, General Administration (SER.C) Department, dated 12.09.2022 submits that timelines prescribed by the Government for completing the process of disciplinary cases, which provided a specific timeframe of three months in case of simple cases and six months in case of complex cases, have not been adhered too. Therefore, he seeks a direction to expedite the process of inquiry. Petitioner is also stated to be nearing superannuation and if in case proceedings are not completed, he would be denied the pension and retirement benefits. 5. Learned Assistant Government Pleader appearing for respondents would submit that the inquiry would be concluded soon in terms of aforesaid G.O. 6. In view of the same, and having regard to the fact that the charge memo was issued way back on 27.08.2020, for the incident which has happened in the year 2013, the respondents are directed to conclude the disciplinary proceedings within a period of three (03) months from the date of receipt of a copy of this order. In case 4 HCGR,] W.P.No.UOn of 2025 proceedings are not concluded within the timeframe, respondents shall release the pension and retirement benefits to the petitioner. 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any. shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT] REGISTRAR OFFICER //TRUE COPY// I SI To, 1. The Special Chief Secretary, Revenue(Vigilance II), State of Andhra Pradesh, Secretariat Building, Amaravati. 2. The Principal Secretary (Rev), (CT, Fin Dept), IV Block, Secretariat Building, Amaravati. 3. The Assistant Commissioner (ST), Trunk Road, Nellore. 4. The Joint Commissioner (ST), Nellore Division, Nellore. 5. One CC to Sri N. A. Ramachandra Murthy, Advocate [OPUC] 6. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] 7. Three C.D. Copies. Cnr V HIGH COURT DATED:06/05/2025 \ ORDER WP.No.12012of2025 ^ 2 3 JUN 2025 rrwitSecti DISPOSING OF THE W.P. WITHOUT COSTS