Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4781 OF 2n2fi Between: Bhagaradhi (Late), Aged about 63 years, Occ Govt., SW Boys Hostel, L.Kota, Vizaianagaram, R/o. H.No Vijaya Rama Raju Colony, Vizianagaram. ...Petitioner AND ^ Andhra Pradesh, rep., by its Principal Secretary Social Welfare Department, Secretariat, Velagapudi, Guntur District. 2. The Director of Social Welfare, Amaravathi, Guntur. ^ Welfare and Empowerment Officer, Vizianagaram
4. The District Collector, Vizianagaram. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus to declare the may one action of the Respondents in not concluding the disciplinary proceedings against the Petitioner vide Charge Memo Proc., No.311/2017/B2/A1 dt 20.06.2020 and making inordinate delay in concluding the disciplinary proceedings as illegal, arbitrary, discriminatory and violative of Articles 16 and 21 of the Constitution of India and pending 14 consequently, direct the Respondents to conclude the disciplinary proceedings Petitioner, forthwith, vide G.O.Rt.No.679 (GAD), dt 01.11.2008, (or) drop against the per the time schedule fixed by the Government as the disciplinary
proceedings as per the settled Law laid down by the Hon’ble Apex Court on the ground of inordinate delay and settle the pension and other benefits to the Petitioner, forthwith. lA 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 direct the Respondents to conclude the disciplinary proceedings pending against the Petitioner, forthwith, as per the time schedule fixed by the Government vide G.O. Rt. No. 679 (GAD), dt: 01.11.2008, by extending the ratio of the orders in WP No. 1865/2020, dt: 30.01.2020 and confirmed in W.A.No. 45/2021, dt; 20.03.2021 and also as per the orders in WP.No.7266/2024 dt:09.07.2024 disposal of the above writ petition.
as in favor of the Petitioner pending Counsel for the Petitioner: SRI POODATTU AMARENDER Counsel for the Respondents: GP FOR SERVICES II The Court made the following order:
APHC010089322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 0t?* [3331] P MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4781/2025 Between:
1.N BHASKARA RAO, S/0 BHAGARADHI (LATE), AGED ABOUT 63 YEARS, OCC HWO GR-LL (RETD.), 0/0 GOVT., SW BOYS HOSTEL, L.KOTA, VIZAIANAGARAM, COLONY, VIZIANAGARAM. R/0. H.NO VIJAYA RAMA RAJU ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DIRECTOR OF SCOIAL WELFARE, AMARAVATHI, GUNTUR. 3.THE DISTRICT SC WELFARE AND EMPOWERMENT OFFICER, VIZIANAGARAM DISTRICT. 4.THE DISTRICT COLLECTOR, VIZIANAGARAM ...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 in the nature of Writ of Mandamus to declare the action of the Respondents in not concluding the disciplinary proceedings pending against the Petitioner vidg^’Charge Memo Proc. inordinate delay arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the one NO.311/2017/B2/A1 dt 20.06.2020 and making in concluding the disciplinary proceedings as illegal. Page 2 of 5 SRS.J W.P.No.4781 of 2025 Constitution of India and consequently, direct the Respondents to conclude the disciplinary proceedings against the Petitioner, forthwith, as per the time schedule fixed by the Government vide G.O.Rt.No.679 (GAD), dt 01.11.2008, (or) drop the disciplinary proceedings as per the settled Law laid down by the Honble Apex Court on the ground of inordinate delay and settle the and other benefits to the Petitioner, forthwith and to pass lA NO: 1 OF 2025 pension 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 direct the Respondents to conclude the disciplinary proceedings pending against the Petitioner, forthwith, as per the Government vide G.O. Rt.
No. 679 (GAD), dt: 01.11.2008, by extending the ratio of the orders in WP No. 1865/2020. dt: 30.01.2020 and as confirmed in W.A.No. WP.No.7266/2024 dt:09.07.2024, in favor of the Petitioner pending disposal of the above writ petition and to pass Counsel for the Petitioner:
1.POODATTU AMARENDER Counsel for the Respondent(S):
1.GP FOR SERVICES II time schedule fixed by the 45/2021 dt; 20.03.2021 and also as per the orders in The Court made the following:
:: ORDER :: The petitioner. Hostel Welfare Officer, Grade-ll (retired), filed the above writ petition to declare the action of respondent authorities in not concluding the disciplinary inquiry initiated against him, in pursuance of a charge memo vide Rc.No.311/2017/B2/A1, dated 20.06.2020 (Ex.P1), as illegal and arbitrary. Page 3 of 5 SRS.J W.P,No.4781 of 2025 Heard Sri P. Amarender,
learned counsel for the petitioner and Sri Sarath, learned Assistant Government Pleader for Services - II appeared for the respondents.
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3. A charge memo vide Rc.No.311/2017/B2/A1, dated 20.06.2020 (Ex.P1) issued against the petitioner. The petitioner submitted an explanation was dated 07.07.2020 (Ex.P2). Thereafter, an inquiry officer was appointed who, in turn, submitted a report vide D.O.Lr.No.18/COI-KVR/2021, dated 28.07.2022 (Ex.P4). The disciplinary authority issued a notice and the petitioner submitted explanation. However, the inquiry has not been concluded so far an Learned Assistant Government Pleader would submit that inquiry will be of G.O.Ms.No.91 General Administration (Ser.C)
4. concluded in terms Department, dated 12.09.2022. As seen from the material available on record, there is no dispute regarding initiating disciplinary proceedings against the petitioner vide Ex.P1, issuing notice by the disciplinary authority and the petitioner submitting objections vide Ex.P5. Even after a lapse of two years, the inquiry has not been concluded so far.
5. Government issued G.O.Ms.No.679 General Administration
6. The (Services-C) Department, dated 01.11.2008 and G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022, fixing the timelines to complete the inquiry within six months in complicated and three months in simple cases respectively. However, for the reasons best known, the respondent authorities have not concluded the inquiry so far. For the fault on the part of respondent authorities, the petitioner shall not be penalized. Given the facts and circumstances of the case, the Writ Petition is
disposed of at the stage of admission with the consent of both the learned counsel, directing the respondent No.2 to conclude the inquiry in terms of G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022,
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SRS,J W.P.No.4781 of 2025 within three (03) months. If the respondent authorities fail to conclude the inquiry, within the time stipulated, the charge memo issued vide Ex.P1, stands quashed, without reference to any further order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// N OFFICER S To, The Principal Secretary Social Welfare Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. The Director of Social Welfare, Amaravathi, Guntur. The District SC Welfare and Empowerment Officer, Vizianagaram District. The District Collector, Vizianagaram. One CC to Sri Poodattu Amarender, Advocate [OPUC] Two CCs to GP for Services - II, High Court of Andhra Pradesh. [OUT] Two CD Copies
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HIGH COURT DATED:24/02/2025
ORDER o WP.No.4781 of 2025 21 HM 2121 ^ Current Section ^ -«<• DISPOSING OF THE WP WITHOUT COSTS