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2025 DAILYLAW 4773 (AP)

Maddela Venkatesu, v. THE STATE OF ANDHRA PRADESH

WP/2005/2025 · 2025-02-11

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

s A IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) / /» r TUESDAY ,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2005 OF 2025 Between: 1. Maddela Venkatesu, S/o. Late Venkataiah, 62 Years, Occ: Assistant Mines Officer, O/o. Director of Mines and Geology, Ibrahimpatanam Vijayawada, D No 39633/25, Y. S. Nagar2 Patel Road Aravind Nagar RTC Bus stand Kadapa, YSR Kadapa District. 2. Prathipati. Ananda Rao, S/o. George, aged 61 years, Occ: Assistant Mines Officer, O/o. Director of Mines and Geology, Ibrahimpatnam, Vijayawada.R/o. Flat No. 103, S.S. Residency Behind Auto Nagar Bus Terminal, Krishna Nagar, Kanuru, Vijayawada, Krishna District. 3. Kusuma Sridhar, S/o. Vasantha Rao, Age 50 Years, Occ: Surveyor, Office at District Mines and Geology Office Amalapuram, Dr.BRA Konaseema District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Industries and Commerce (Mines) Department Block No.3, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner and Director of Mines and Geology, 5“^ and 6 Floors, Sri Anjaneya Towers, Ibrahimpatnam, Krishna District. th ...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 in the nature of Writ of MANDAMUS declaring the inaction on the part of 2"*^ Respondent in considering our representation dated 01-01-2025 seeking issuance of formal proceedings by dropping the alleged charges levelled against Petitioners in spite of completion of all formalities and procedures including approval of note file by Respondent Proc.No.29250/E-VG/1985, dated. No.2 on 07-03-2024 and 15-03-2024 as illegal, arbitrary, irrational and infringement fundamental rights guaranteed under Articles 14 and 16 of Constitution of India and forthwith consider and consequently direct the 2"^^ Respondent to pass orders on the Representation of Petitioners dated 10-01-2025. lA NO: 1 OF Petition under Section 151 CPC stated in the affidavit filed i may be pleased to direct the 2 praying that in the circumstances in support of the writ petition, the High Court Respondent to forthwith consider of Petitioners dated. 10.01.2025 nd and pass orders on the Representation pending disposal of the writ petition. Counsel for the Petitioners : SRI G. RAJA BABU Counsel for the Respondents: GP FOR SERVICES The Court at the stage of admission II made the following: ORDER APHC010036442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2005/2025 Between: Maddela Venkatesu, and Others ...PETITIONER(S) AND The State of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner(S): 1.G RAJA BABU Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following: :: ORDER:: The above writ petition is filed to declare the inaction of respondent No.2 in considering the representation dated 01.01.2025, made by the petitioners requesting to drop the charges levelled against them, despite the note file dated 07.03.2024, of respondent No.2 and the proceedings NO.29250/E-VG/1985 dated 15.03.2024, as illegal and arbitrary. 2. Heard Sri G. Raja Babu, learned counsel for the petitioners and Sri Ramalingeswara Rao, learned Government Pleader for Services-ll, for the respondents. Page 2 of 4 SRS,r W.P.No.2005 of 2025 Learned counsel for the petitioners would submit that petitioners 1 and 2 are presently working as Assistant Mines Officer, Assistant Director, Survey respectively, in the office of respondent No.2 and petitioner No.3 is working as Surveyor in the office of District Mines and Geology, Amalapuram; that the petitioners were placed under suspension, vide proceedings No.3430252/D1- 2/2020-1, 2 and 3, dated 12.08.2020; that challenging the suspension orders, the petitioners filed W.P.Nos.14689, 14687 and 14^ of 2020; that interim order was granted suspending the proceedings dated 12.08.2020; that subsequently, the Articles of Charges have been framed vide separate proceedings dated 23.11.2020, aggrieved by which the petitioners filed W.P.Nos.28335, 28337 and 28339 of 2021; that initially an interim order was granted on 20.12.2021, quashing the articles of charges for eight weeks and that subsequently the said writ petitions were dismissed as withdrawn. 3. 1 Learned counsel for the petitioners would further submit that in the meantime, the Inquiry Officer submitted a report dated 03.12.2021 recommending a joint inspection; that thereafter, a Departmental Committee was constituted to review the disciplinary proceedings; that the Committee met on 06.02.2023, reviewed the cases and recommended reinstatement of the individuals, into service; that the petitioners were reinstated by proceedings dated 09.02.2023; that the petitioners submitted representation dated 22.12.2023, requesting to drop the disciplinary proceedings; that in pursuance of the representation, a note file was prepared vide Ex.P1, however, it was not signed by the Commissioner and Director, Mines and Geology; that the petitioners submitted another representation dated 01.01.2025, requesting the authority to drop the disciplinary proceedings, however, the said representation is not considered. Hence, the writ petition. 4. 5. Learned Government Pleader for Services, on instructions would submit that the proceedings (Ex.P1) were not signed by the Commissioner and Director, Mines and Geology. In fact, respondent No.2 called for the report 5RS,J W.P.No.2005 of 2025 from the concerned and the report is awaited. As soon as the report reaches respondent No.2, necessary orders will be passed. The grievance of the petitioners, as seen from the prayer is that respondent No.2 is not disposing of their representation dated 01.01.2025 (Ex.PS). Learned counsel at the hearing urged to direct respondent No.2, to consider the representation. 6. 7. Indeed, directing the authorities to consider the representation is Government of India v. deprecated by the Hon’ble Apex Court in P.VenkateshV However, given the facts and circumstances of the case, without going into the merits of the matter, this Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the learned respondent No.2 to consider petitioners’ representation dated 01.01.2025 (Ex.PS) and pass appropriate orders strictly as per the rules, within three weeks from today. No costs. Miscellaneous petitions pending, if any, shall stand closed. 8. 2019 8 SCALE 544 Sd/- V. SAVITHRI GOWRI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Industries and Commerce (Mines) Department, State of Andhra Pradesh, Block No.3, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner and Director of Mines and Geology, 5^'^ and 6 Floors, Sri Anjaneya Towers, Ibrahimpatnam, Krishna District. 3. One CC to Sri G. Raja Babu, Advocate [OPUC] 4. Two CCs to GP for Services II, High Court of Andhra Pradesh. [OUT] 5. Three C.D. Copies. th Cnr HIGH COURT DATED:11/02/2025 ORDER C 10 MAR 2025 ^^ * Current Section WP.No.2005 of 2025 Co DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS