APHC010656382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 34218/2025 Between: D Challani Dora ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. BALAJI MEDAMALLI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.34218 of 2025 O R DE R: The present Writ Petition is filed questioning the action of the Respondent Authorities in not considering the case of the Petitioner for promotion to the post of Deputy Superintendent of Police in view of the pendency of the disciplinary proceedings initiated against the Petitioner vide Charge Memo No.C2/OEPR- 93/2023, dated 27.08.2023. 2. The facts leading to the filing of the writ petition are as follows: The Petitioner is working as Inspector of Police. A Charge Memo was issued on the Petitioner vide Proceedings dated 27.08.2023, making certain allegations. 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 2023, there has been no progress in the enquiry. 4. Learned counsel for the Petitioner by placing reliance on G.O.Ms.No.91 General Administration (SER.C) Department dated 3 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 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: 4 ‘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(s) framed against the Petitioner, which pertains to the year 2010, the Writ Petition is disposed of with the following directions: (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 complete the Enquiry within the time prescribed, the Respondents shall consider the case of the Petitioner for promotion without reference to the Charge Memorandum. 5 iv) The Disciplinary Authority, as well as the Presenting Officer and Enquiry Officer, shall be held accountable for going beyond the time prescribed for concluding the enquiry against the Petitioner. iv) There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed __________________ NYAPATHY VIJAY, J Date: 09.12.2025 eha 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 34218/2025 Dt. 09.12.2025 eha