Extracted from the PDF above. The PDF is authoritative.
1
APHC010569722025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 29619/2025 Between: N Kaleswara Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. CH B R P SEKHAR Counsel for the Respondent(S):
1. GP FOR SERVICES II The Court made the following:
2
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 29619 OF 2025
ORDER:- The present Writ Petition is filed questioning the inaction of the Respondents in concluding the disciplinary proceedings initiated against the Petitioner vide Proceedings No.CB3/3717/2020, dated 11.01.2021.
2. The facts leading to the filing of the writ petition are as follows:
The Petitioner is a retired Assistant Engineer in the Tribal Welfare Department. A Charge Memo was issued on the Petitioner vide Proceedings dated 11.01.2021, making certain allegations when the Petitioner was working as an Assistant Engineer in the office of Respondent No.3. The Petitioner submitted his explanation denying the allegations.
3. The grievance of the Petitioner in filing the Writ Petition is that though the Charge Memorandum was issued in the year 2021 with regard to the issue pertains to the year 2009, there has been no progress in the enquiry though the Enquire Officer was appointed vide G.O.Rt.No.111, dated 30.04.2021.
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
3
complicated cases, the enquiry should be completed within five to six months and seeks for expeditious conclusion of the disciplinary proceedings. 5. Learned Assistant Government Pleader would submit that due to certain administrative issues, there is delay, however, submitted that the enquiry would be completed as expeditiously as possible as mandated under the G.O.Ms.No.91 relied upon by the learned counsel for the Petitioner. 6. Having heard the learned counsel and taking note of the submissions made by the Assistant Government Pleader, 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.’
7. Considering the Charge framed against the Petitioner, which pertains to the year 2009, the Writ Petition is disposed of with the following directions:
4
(i) The Respondent Authorities 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, the Respondent Authorities are unable to finish the Enquiry within the time prescribed, they shall release the retirement benefits due to the Petitioner within two months thereafter without further reference to this Court. (iii) There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed.
__________________ NYAPATHY VIJAY, J Date: 13.11.2025
eha
5
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 29619 OF 2025 Dt.13.11.2025
eha