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2025 DAILYLAW 57553 (AP)

CHENNUPATI SRINIVASA RAO v. THE STATE OF ANDHRA PRADESH

WP/27713/2025 · 2025-10-09

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010534482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27713/2025 Between: Chennupati Srinivasa Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SRINIVASA RAO BODDULURI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27713 OF 2025 ORDER:- The present Writ Petition is filed questioning the inaction of the Respondents in concluding the disciplinary proceedings initiated in G.O.Rt.No.543 Revenue ( Vigilance-VI) Department, dated 02.06.2023. 2. The facts leading to the filing of the writ petition are as follows: The Petitioner has been working as Assistant Commissioner ( State Tax). While so, a Charge Memo was issued on the Petitioner vide G.O.Rt.No.543, dated 02.06.2023 pertaining the issue relating to the year 2016. 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 with regard to the issue pertains to the year 2016, there has been no progress in the enquiry and no Enquiry Officer or Presenting Officer were appointed by Respondent Authorities till date. He further submits that the allegation against the Petitioner is that due to lack of supervision over his subordinates of various governemnt Departments working in the Integrated Check Post Bheemunivaripalem, Tada, the Check Post resorted to corrupt activities. He fruther submits that 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-II would submit that further action has been initiated by Respondent Authorities 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. Considering the Charge framed against the petitioner, which pertains to the year 2016 and appears to be trivial, the writ petition is disposed of with the following directions: (i) The Respondent Authorities 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 three (03) months from the date of receipt of a copy of this order. (ii) The Petitioner shall cooperate for expeditious conclusion of the enquiry. (iii) There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 10.10.2025 eha THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27713 OF 2025 Dt.10.10.2025 eha