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2025 DAILYLAW 52801 (AP)

DADI BALA VENKATA LAKSHMI v. THE STATE OF AP

WP/28161/2025 · 2025-10-13

Nyapathy Vijay

body2025

Judgment text

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APHC010542472025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28161 OF Between: 1. DADI BALA VENKATA LAKSHMI, D/O.D.P.NAIDU, AGE 55 YEARS, OCC- CHIEF PHARMACY OFFIICER, AREA HOSPIITAL, CHEEPURUPALLI, VIZIANAGARAM DIST. C/O.B.A.BABJI, PLOT NO.75, NEAR RAND B GUEST HOUSE, CONTONMENT, VIZIANAGARA . 1. THE STATE OF AP, REP.BY ITS SECRETARY, HEALTH, S MEDICAL AND FAMILY WELFARE(VC VELAGAPUDI GUNTUR DISTRICT. 2. THE DIRECTOR OF SECONDARY HEALTH, TADEPALLI, GUNTUR DIST. ANDHRA PRADESH. 3. THE DISTRICT COORDINATOR OF HO VIZIANAGARAM DISTRICT. 4. THE MEDICAL SUPERINTENDENT, AREA HOSPITAL CHEEPURUPALLI, VIZIANAGARAM DISTRICT. 5. THE MEDICAL SUPERINTENDENT, CHC., BHOGAPURAM. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28161 OF 2025 DADI BALA VENKATA LAKSHMI, D/O.D.P.NAIDU, AGE 55 YEARS, CHIEF PHARMACY OFFIICER, AREA HOSPIITAL, CHEEPURUPALLI, VIZIANAGARAM DIST. C/O.B.A.BABJI, PLOT NO.75, NEAR RAND B GUEST HOUSE, CONTONMENT, ...PETITIONER AND THE STATE OF AP, REP.BY ITS SECRETARY, HEALTH, S MEDICAL AND FAMILY WELFARE(VC-L) DEPARTMENT, SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT. THE DIRECTOR OF SECONDARY HEALTH, TADEPALLI, GUNTUR DIST. ANDHRA PRADESH. THE DISTRICT COORDINATOR OF HOSPITAL SERVICES, VIZIANAGARAM DISTRICT. THE MEDICAL SUPERINTENDENT, AREA HOSPITAL CHEEPURUPALLI, VIZIANAGARAM DISTRICT. THE MEDICAL SUPERINTENDENT, CHC., BHOGAPURAM. ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3460] TUESDAY,THE FOURTEENTH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY DADI BALA VENKATA LAKSHMI, D/O.D.P.NAIDU, AGE 55 YEARS, CHIEF PHARMACY OFFIICER, AREA HOSPIITAL, CHEEPURUPALLI, VIZIANAGARAM DIST. C/O.B.A.BABJI, PLOT NO.75, NEAR RAND B GUEST HOUSE, CONTONMENT, ...PETITIONER THE STATE OF AP, REP.BY ITS SECRETARY, HEALTH, S MEDICAL L) DEPARTMENT, SECRETARIAT, THE DIRECTOR OF SECONDARY HEALTH, TADEPALLI, GUNTUR SPITAL SERVICES, THE MEDICAL SUPERINTENDENT, AREA HOSPITAL THE MEDICAL SUPERINTENDENT, CHC., BHOGAPURAM. ...RESPONDENT(S): Counsel for the Petitioner: 1. KRISHNA RAO M Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28161 OF 2025 ORDER:- The present Writ Petition is filed questioning the inaction of the Respondents in concluding the disciplinary proceedings initiated by Respondents in G.O.Rt.No.150 Health, Medical and Family Welfare (VC-1) Department, dated 17.03.2025 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 Pharmacist Grade-II on 05.10.1992. After several years of service she was promoted as Pharmacy Supervisor on 19.12.2023 and posted at AH, Arakuvalley, Alluri Sitarama Raju District and worked up to 30.05.2024 and later transferred to AH, Cheepurupalli, Vizianagaram District. While so, a charge memo was issued on 17.03.2025 against the Petitioner alleging certain irregularities. Subsequently, the Respondents initiated disciplinary proceedings under Rule 20 read with Rule 24 of A.P.Civil Service (CC&A) Rules, 1991 and issued Article of Charges vide G.O.Rt.No.153, dated 17.03.2025. The Petitioner submitted her 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 month of March, 2025 denying the allegations, there has been no progress in the enquiry and no Enquiry Officer or Presenting Officer were appointed by Respondent No.1 till date. Further, the Petitioner is on the verge of retirement 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. Learned Assistant Government Pleader for Services-I would submit that further action has been initiated by Respondent No.1 for appointment of Enquiry Officer and Presenting Officer and 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. 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 (CCA) Rules, 1991 forthwith and shall ensure that the enquiry shall be concluded within a period of four (04) 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, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 14.10.2025 KK