APHC010548522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28292/2025 Between: 1. PASUPULETI VEERA VENKATA PRASAD, , S/O. VENKATA SWAMY, AGED ABOUT 61 YEARS, OCC JUNIOR ASSISTANT, O/O. ASSISTANT COMMISSIONER (ST), RAMAVARAPPADU CIRCLE, 3 DIVISION, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE (VIGILANCE-VI), SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, THULLURU MANDAL, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE CHIEF COMMISSIONER OF STATE TAX, , KUNCHANAPALLI, GUNTUR DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): 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 or writ, more particularly one in the nature of writ of Mandamus, declaring the action of the Respondent No.2 in initiating and continuing disciplinary proceedings based on an incident of 26.04.2016 vide CCTs Ref.No.V1/80/2022 dated 07.06.2022 and continuing them even after lapse of 9 years on trivial allegation of leaving the office without prior permission of the CTO without recording about such movement in the Movement Register as illegal, arbitrary, devoid of the principles of natural justice, contrary to the provisions of Andhra Pradesh Civil Services 2 (Classification Control and Appeal) Rules, 1991, and the Andhra Pradesh Civil Services (Conduct) Rules, 1964, and unconstitutional and consequently set aside disciplinary proceedings initiated and Charge memo issued in CCTs Ref.No.V1/80/2022 dated 07.06.2022 and pass IA 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 set aside the Charge memo issued by the 2nd respondent in CCT’s Ref.No.VI/80/2022 dated 07.06.2022, pending disposal of the Writ Petition, and pass Counsel for the Petitioner: 1. SRINIVASA RAO BODDULURI Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.28292 of 2025 ORDER: The present Writ Petition is filed questioning the charge memo dated 07.06.2022 issued by the respondent No.2 with reference to alleged misconduct that occurred on 26.04.2016. 2. The petitioner, while working as Junior Assistant in the office of the Commercial Tax Officer, Nandigama Circle, a surprise check was conducted by the ACB Officials on 26.04.2016. The allegation against the petitioner is that he left the office premises without obtaining permission from the CTO and he failed to record his movement in the Movement Register. 3. Learned counsel for the petitioner would submit that the charge leveled against the petitioner is trivial in nature, and that initiation of inquiry after a lapse of six years from the date of the alleged incident is unwarranted. He would further contend that a common inquiry is being conducted against the petitioner and others, wherein serious charges have been leveled against some of them. The petitioner is due to retire on 31.08.2026, and learned counsel expresses doubt as to whether the proceedings can be concluded by that date, which may consequently delay the petitioner’s retirement benefits. 4. Learned Assistant Government Pleader would submit that delay in initiation of the inquiry is not necessarily a ground for quashing the proceedings. Such aspects are determined on a case-to-case basis, depending on the establishment of prejudice caused to the delinquent officer. 4 He would further submit that the Presenting Officer and Inquiry Officer have been appointed on 15.09.2025, and that the inquiry would be concluded as expeditiously as possible. 5. The charge against the petitioner reads as follows: “That Sri Pasupuleti Veera Venkata Prasad, Junior Assistant, O/w CTO, Nandigama Circle, Vijayawada during the surprise check on 26.04.2016 though he attended the officer in the morning hours, left the office without the permission of the CTO and he did not note about his movement in the Movement Register and violated Rule 4(1) of APCS (Conduct) Rules 1964. Thus, the Government Servant Sri PVV Prasad, Junior Assistant, O/o CTO, Nandigama Circle, Vijayawada, Krishna District by his above mentioned act has exhibited lack of integrity, devotion to duty and conduct unbecoming of a Government Servant and contravened Rule 3(1) & (2) of A.P.C.S (Conduct) Rules 1964.” 6. The charge as extracted above is not a serious one, and the same can be concluded against the petitioner by considering his explanation. There is no justification for keeping the inquiry pending for years together. 7. In that view, notwithstanding the fact that a common inquiry is being conducted, since the petitioner is at the fag end of his career and is due to retire on 31.08.2026, respondent No.2 is directed to ensure conclusion of the disciplinary proceedings against the petitioner within a period of three (03) months from the date of receipt of a copy of this order. In the event the inquiry is not concluded within the said period, the retirement benefits due to the 5 petitioner shall be released as on the date of retirement, without reference to the pending disciplinary proceedings. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. __________________ NYAPATHY VIJAY,J Date: 28.10.2025 SNI 6 30 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28292/2025 DATE: 28.10.2025 SNI