APHC010550112025 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: 28576/2025 Between: 1. M.V.S. LOKESWARA RAO, S/O M. TRINADHUDU, AGED 49 YEARS, SPECIAL DEPUTY COLLECTOR, PADERU, A.S.R. DISTRICT, R/O QUARTER NO.1, ITDA QUARTERS, BLOCK 1, PADERU, A.S.R. DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, REVENUE (EXCISE) DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF PROHIBITION AND EXCISE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE COMMISSIONER OF INQUIRIES, GENERAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI. ...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 appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not concluding the disciplinary proceedings initiated vide TEC No.359/2013 as illegal arbitrary and in violation of Articles 14, 16 and 21 of the Constitution of India apart from violation of instructions issued in GO Ms.No.91, GA (Ser- 2 C) Department, Dt. 12.09.2022 and consequently set aside the proceedings vide TEC. No.359/2013 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 suspend the charge memo in TEC No.359/2013, pending disposal of this writ petition Counsel for the Petitioner: 1. ANGADI MANOJ Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.28576 of 2025 ORDER: The present Writ Petition is filed challenging the inaction of the respondents in not concluding the disciplinary proceedings initiated against the petitioner vide T.E.C. No.359 of 2013, as illegal and arbitrary, and consequently seeking to quash the said disciplinary proceedings on the ground of inordinate delay in their conclusion. 2. he petitioner, while working as Prohibition and Excise Inspector (P&EI), Station House Officer, Prohibition & Excise Station, Anakapalli, Anakapalli District (erstwhile Visakhapatnam District), was subjected to disciplinary proceedings following raids conducted by the ACB personnel on various liquor shops and their offices during December 2011 and January 2012 in the then combined State of Andhra Pradesh. Criminal cases were registered against several liquor shop owners. It was alleged that the petitioner had received mamools from liquor shop owners, leading to initiation of disciplinary proceedings vide T.E.C. No.359 of 2013. Similar proceedings were also initiated against several other officers similarly situated. 3. Though the enquiry was initiated in the year 2013, no further action was taken by the respondent authorities. After the abolition of the Tribunal in 2022, the pending disciplinary cases were entrusted to the Commissionerate of Inquiries (C.O.I.). However, there has been no further progress in the petitioner’s case. Hence, the present writ petition has been filed seeking a 4 direction to conclude or quash the disciplinary proceedings on account of prolonged delay. 4. Learned counsel for the petitioner relied on the orders of this Court in W.P. Nos.17380, 17507, 17430, 17385, 17617, 17716 of 2021, and 5887 of 2025, wherein similarly situated persons, against whom charge memos were issued vide T.E.C. Nos.352, 353, 355, 357, 363, 367 and 371 of 2013, were granted relief. In those cases, this Court directed the Commissionerate of Inquiries to conclude the enquiry within six months, failing which the charge memos stood quashed. 5. The relevant portion of the order passed in W.P. No.17507 of 2021 is extracted below: “Considering the facts and circumstances of the case and in view of the above discussion, the Commissionerate of Inquiries is directed to conclude the enquiry, within a period of six months from today, failing which the charge memo issued to the petitioner vide Tribunal Enquiry Case Nos.384 and 355 of 2013, which were transferred to the C.O.I, pursuant to G.O.Ms.No.95, dated 18.08.2022 shall stand quashed.” 6. In view of the above, the present Writ Petition is disposed of directing the Commissionerate of Inquiries to conclude the enquiry within a period of six (06) months from today, failing which the charge memo issued to the petitioner vide T.E.C. No.359 of 2013, which was transferred to the C.O.I. pursuant to G.O.Ms.No.91, dated 12.09.2022, shall stand quashed. There shall be no order as to costs. 5 As a sequel, miscellaneous petitions, pending if any, shall stand closed. __________________ NYAPATHY VIJAY,J Date: 28.10.2025 SNI 6 38 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28576/2025 DATE: 28.10.2025 SNI