^<1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9367 OF 2025 Between; 1. V LAVANNA, S/o. Gangaiah, Aged about 58 years, working as a Deputy Collector K.R.R.C. Bapatia, Bapatia District. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Special Chief Secretary, Revenue Department, Secretariat Buildings Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Vigilance-I) Department, Secretariat Buildings, Velagapudi, Guntur District. 3. The Director General,, Anti Corruption Bureau, Vijayawada, Andhra Pradesh. 4. The Vigilance Commissioner, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. ...RESPONDENTS I 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 an order, direction, writ, more particularly Writ of Mandamus declaring the action of the respondents in proceeding with the prosecution against the petitioner without supplying the copy of the enquiry report and the G.O. wherein the Government sanctioned for prosecution against the petitioner as illegal, arbitrary and violation of principles of natural justice consequently direct the respondents not to proceed with the prosecution without supplying the copy of the Enquiry Report and the G.O. wherein the Government sanctioned for prosecution. 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 respondents not to proceed with the prosecution without supplying the copy of the Enquiry Report and the G.O. wherein the Government sanctioned for prosecution, forthwith pending disposal of the above Writ Petition. : SRI K RAGHU VEER Counsel for the Petitioner Counsel for the Respondents : GP FOR REVENUE (R1 R2 R4) Counsel for the Respondents : GP FOR ACB {R3) The Court made the following ORDER : APHC010183022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] VviTC;-: MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9367/2025 Between; ...PETITIONER V Lavanna AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KRAGHU VEER Counsel for the Respondent(S): 1.S.SYAM SUNDER RAO SC cum Spl P.P. For ACB 2.GP FOR REVENUE The Court made the following: ✓ THE HONOURABLE SRI JUSTICE VENKATESWARLU NIIVIMAGADDA WRIT PETITION NO:9367/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue an order direction writ more particularly Writ of Mandamus declaring the action of the respondents in proceeding with the prosecution against the petitioner without supplying the copy of the enquiry report and the G.O. wherein the Government sanctioned for prosecution against the petitioner as illegal, arbitrary and violation of principles of natural justice consequently direct the respondents not to proceed with the prosecution without supplying the copy of the Enquiry Report and the G.O. wherein the Government sanctioned for prosecution and pass such other order or orders...” 2. Heard learned counsel for the petitioner, learned Standing Counsel for ACB appearing for respondent No.3 and the learned Government Pleader for Revenue appearing for respondent Nos. 1,2 and 4. 3. Learned Senior Counsel appearing for the petitioner submits that the respondent No.1 herein issued a G.O., sanctioning the prosecution and departmental action against the petitioner pursuant to the enquiry report submitted by the concerned disciplinary authorities particularly, respondent Nos. 3 and 4 herein. He further submits that more f X without furnishing the said G.O. under which the sanction was accorded, proceeding further in criminal prosecution against the petitioner is contrary to the principles laid down by this Court as well as the Hon’ble Apex Court. He further asserts that it is a mandatory duty on part of the authorities that while initiating any disciplinary action by an administrative authority, they shall observe principles of natural justice, fair and reasonableness towards the affected party. If that being so, the petitioner is entitled to be served v^/ith a copy of the said G.O. to defend his case in accordance with law. On the other hand, learned Government Pleader appearing for the 4. respondents furnished written instructions dated 09.04.2025 issued by respondent No.1, wherein, it is stated as follows; “The Director General, Anti-Corruption Bureau has submitted the final report in the matter and after examining the final report and after following due procedure Government have accepted the recommendations of the Director General, Anti- Corruption Bureau and issued orders accordingly. He Is also informed that neither the detailed enquiry report of the Director General, Anti-Corruption Bureau nor the orders according sanction for prosecution will not be supplied to the charged officers. ” 5. Learned Standing Counsel appearing for respondent No.3 also categoricatly submits that charge sheet has already been filed on 25.04.2025 before the concerned Court. Hence, the petitioner is entitled gt y to make an appropriate application before the concerned Court and can obtain certified copies, whatever filed along with the charge sheet including the G.O., under which sanction was granted. Having regard to the submissions made by the learned senior counsel for the petitioner, learned Standing Counsel for ACB appearing for respondent No.3 and learned GovernmentPleader for the respondent Nos. 1, 2 and 4 and on perusal of the material placed on record, it is observed that respondent Nos. 1 and 2 issued G.O., according permission to proceed further with the prosecution against the petitioner herein. More so, once a G.O., was issued by the State, such G.O. would be become a public document even though it relates to service conditions of an employee contingency or other. Therefore, the respondents are under obligation to furnish a copy of the said G.O./ proceedings to the affected party and to keep the same in the public domain. It is further observed that in view of the settled principle of law that the respondents are under statutory obligation to furnish a copy of the G.O./ proceedings under which sanction was granted to proceed with the prosecution against the petitioner. However, this Court opines that once G.O./ proceedings was issued, which is a public document, the petitioner can avail the same either directly from the respondentsor from the Court below where the charge sheet is filed. 6. ) 7. In view of the foregoing discussion, respondent Nos. 1 and 2 hereby directed to furnish a copy of the G.O./ proceedings under which permission was accorded to proceed with the prosecution against the petitioner, to the petitioner through proper channel within a period of two (02) weeks from the date of receipt of a copy of this order. are N. 8. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Chief Secretary State Of Andhra Pradesh, Revenue Department, Secretariat Buildings Velagapudi, Guntur District. 2. The Principal Secretary State of Andhra Pradesh, Revenue (Vigilance-I) Department, Secretariat Buildings, Velagapudi, Guntur District. 3. The Director General,, Anti Corruption Bureau, Vijayawada, Andhra Pradesh. 4. The Vigilance Commissioner, A.P. Secretariat, Velagapudi, Amaravati Guntur District. 5. One CC to SRI. K RAGHU VEER Advocate [OPUC] 6. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] 7. One CC to ACB Public Prosecutor [OPUC] 8. THREE CD COPIES TAC ✓ HIGH COURT DATED:05/05/2025 ORDER WP.No.9367 of 2025 DISPOSING OF THE WP WITHOUT COSTS