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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5479 OF 2025 Between: Gajula Tirupathi Rao, Aged about 32years, Occ: Ward Amenities Secretary at GMC, R/o. D.No 2-158 A Obulesnipalle, Durgi Mandal, Palnadu District, Pin
522612. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, MAUD Department, Secretariat buildings, Velagapudi, Guntur District. The Commissioner and the Director, Municipal Administation, Vaddeswaram, Tadepalli, Guntur, District. The Superintending Engineer, Public Health and Municipal Engineering Mulapet, Nellore. The Commissioner, Guntur Municipal Corporation, Opposite Gandhi Park, Guntur District.
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4. ...RESPONDENTS 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 a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of Respondents in not concluding the departmental inquiry vide Roc.No.482911/2020/E3 dated 14-7-2020 against the petitioner working as ward Amenities secretary at 4th Respondent office, inspite of lapse of 5 years as illegal, arbitration, whimsical, unconstitutional, violative of Articles 14, 21 of Indian Constitution
and is also violation of G.O.Ms. No. 679 dt 01-11-2008 and vide G.O.Ms. No. 91 dt 12-09-2022 and consequently direct the respondents No.2 to 4 to conduct and complete the departmental inquiry vide Roc.No.482911/2020/E3 dated 14-7-2020 against the petitioner by duly following the G.O.Ms. No. 679 dt 01-11-2008 and vide G.O.Ms. No. 91 dt: 12- 09-2022.
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 consider the Petitioner’s representations dated 12-09-2024 and 19-11-2024 pending disposal of Writ Petition. Counsel for the Petitioner: SRI K.VIJAY KIRAN Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES-I Counsel for the Respondent No.4: SRI A.S.C.BOSE, SC FOR MUNC & MUNC CORPORATION The Court made the following:
ORDER
APHC010102092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO:5479/2025 Between: Gajula Tirupathi Rao ...PETITIONER AND The State of A.P. and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.KASI VIJAY Kl RAN Counsel for the Respondent(S):
1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2.GP FOR SERVICES I The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:
“to declare' the inaction of Respondents in not concluding the departmental inquiry vide Roc. No.482911/2020/E3, dated 14.07.2020 against the petitioner working as ward Amenities Secretary at 4*^ Respondent office, inspite of lapse of 5 years as illegal, arbitrary, whimsical, unconstitutional, violative of Articles 14 and 21 of Indian
2 CGRJ W.P. No.5479 of 2025 Constitution and is also violation of G.O.Ms.No.679, dt:01.11.2008 and vide G.O.Ms.No.91, dt:12.09.2022 and consequently direct the respondents No.2 to 4 to conduct and complete the departmental inquiry vide ROC.NO.482911/2020/E3, dated 14.07.2020 against the petitioner by duly following the G.O.Ms.No.679, dt;01.11.2008 and vide G.O.Ms.No.91, dt:12.09.2022 and to pass such other orders.” V
2. Heard Sri K.Vijay Kiran,
learned counsel for petitioner, learned Assistant Government Pleader for Services - I for the respondents 1 to 3 and Sri A.S.C.Bose, learned standing counsel for 4‘^ respondent.
3. (a) The petitioner is working as Ward Amenities Secretary in Guntur Municipal Corporation since 01.11.2019 and his wife is working as Panchayat Secretary Grade 5 in Durgi Mandal of Palnadu District since November,
2019. Vide proceedings Roc.No.482911/2020/E3, dated 14.07.2020, the 4‘^ respondent issued articles of charge and initiated enquiry against the petitioner and asked him to submit his written statement. In pursuance thereto, petitioner submitted his written statement on
24.07.2020. After the submission of written statement, disciplinary authority appointed Sri T.Venkata Ramana, Deputy Executive Engineer, Guntur Municipal
3 CGR, J W.P. No.5479 of 2025 Corporation as Enquiry Authority to inquire into charges farmed against the petitioner in exercise of the powers conferred under Rule 20(2) of AP. Civil Services (CC&A) Rules,
1991. Since then, the respondents are not conducting enquiry and the same is kept pending. (b) Meanwhile, a circular was issued by GSWV & VSWS vide Circular No.249/GSWS/2024, dated 23.08.2024, regarding the transfers and posting of employees working in village and ward secretariats and operational guidelines/instructions. In response to the same, petitioner submitted a representation dated 12.09.2024 to tipe 2"*^ respondent for deputation from Guntur Municipal Corporation to Gurazala Panchayat. However, because of the pendency of the enquiry against the petitioner, his representation is kept pending. Hence, the present writ petition is filed seeking a direction to the respondents to complete the enquiry pending against the petitioner as expeditiously as possible.
Learned counsel for the petitioner subrftits that due to the
4. pendency of the enquiry, the respondents are not considering his representation seeking deputation from one place to another place on spouse ground.
4 CGR, J W.R No.5479 of 2025
5. Learned Assistant Government Pleacjer for Services - I would submit that the respondent authorities will complete the enquiry pending against the petitioner in terms of G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008, and thereafter G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.0,9.2022.
6. Having heard the submissions of both parties, this writ petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the respondent authorities to complete the enquiry pending against the petitioner in terms of G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008, and thereafter G.O.Ms.No.91 General Administration »(Ser.C) Department, dated 12.09.2022, as expeditiously as possible, but not later than three months from the date of receipt of a copy of this order. No costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed.
Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// % SECTION OFFICER
1. The Principal Secretary, MAUD Department, State of Andhra Pradesh Secretariat buildings, Velagapudi, Amaravati, Guntur District.
2. The Commissioner & The Director, Municipal Administation, Vaddeswaram, Tadepalli, Guntur, District.
3. The Superintending Engineer, Public Health and Municipal Engineering, Mulapet, Nellore. To,
4. The Commissioner, Guntur Municipal Corporation, Opposite Gandhi Park, Guntur District.
5. One CC to Sri K.Vijay Kiran, Advocate [OPUC]
6. Two CCs to GP for Services-I, High Court of Andhra Pradesh. [OUT]
7. One CC to Sri A.S.C.Bose, SC for MUNC & MUNC Corporation. [OPUC]
8. Three CD Copies. gi . I •i -r
HIGH COURT DATED:17/03/2025
ORDER WP.No.5479 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS