APHC010007622026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 628/2026 Between: 1. G V S PHANEENDRA BABU, S/O. VENUGOPAL, AGED 48 YEARS, TAHSILDAR, APCRDA, RAYAPUDI, AMARAVATI. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI - 522238. 2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, APIIC BUILDING, AUTO NAGAR, NEAR NRI HOSPITALS, MANGALAGIRI, GUNTUR DISTRICT - 522503. 2. 3. THE COMMISSIONER OF INQUIRIES, O/O VIGILANCE COMMISSIONER, GENERAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI -522238. ...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 a writ, order or direction 2 particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not concluding the enquiry initiated through G.O.Rt.No.423 dated 12.07.2021 as highly arbitrary, illegal, unjust, against the principles of natural justice, violative of fundamental rights and contrary to G.O.Ms. No. 91 General Administration (SER.C) Department, dated 12.09.2022 quash the same and consequently to direct the respondent authorities to consider the case of the petitioner for promotion as per their seniority and eligibility and to pass such other order. IA NO: 1 OF 2026 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 respondent authorities to consider the case of the petitioner for promotion without reference to the pending disciplinary proceedings initiated through charge memos vide G.O.Rt.No.423 dated 12.07.2021 in the ensuing DPCs, pending disposal of the above writ petition and to pass such other order. Counsel for the Petitioner: 1. BALAJI MEDAMALLI 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.628 of 2026 ORDER: 1. The present Writ Petition is filed questioning the inaction of Respondents in concluding the disciplinary proceedings initiated against the Petitioner vide G.O.Rt.No.423 Revenue (Vigilance-1) Department dated 12.07.2021 in terms of G.O.Ms.No.91, General Administration (Service.C) Department, dated 12.09.2022 and for a consequential direction to the Respondent-authorities to conclude the disciplinary enquiry expeditiously. 2. The facts in brief are as follows: The Respondent No.1 issued Proceedings vide G.O.RT.No.423 Revenue (Vigilance.I) Department dated 12.07.2021 framing solitary charge alleging slackness in preventing illegal mining while the Petitioner was working as Tahsildar at Piduguralla Mandal in the year 2016. After receipt of the said Charge-Memorandum, the Petitioner submitted his explanation on 22.10.2021 and thereafter, there is no further progress in the disciplinary enquiry. Hence, the present Writ Petition is filed. 3. The learned Assistant Government Pleader for Services-II Sri S. Raju would submit that further action has been initiated by Respondent No.1 for appointment of Enquiry Officer and Presenting 4 Officer and due to certain administrative issues, there is delay, however, submitted that the enquiry would be completed as expeditiously as possible. 4. Having heard the learned counsel for the Petitioner 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) thereof would be relevant for disposal of this case which reads as under: 8ix. 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.9 5. In view of the above, the Writ Petition is disposed of, with the following directions; (i) The Respondent No.1 shall appoint an Enquiry Officer and Presenting Officer as required under APCS (CCA) Rules, 5 1991 forthwith and shall ensure that the enquiry shall be concluded within a period of six (06) months from the date of receipt of a copy of this order. (ii) The Petitioner shall cooperate for expeditious conclusion of the enquiry. (iii) In the event, enquiry is not completed within the time frame specified above, the Petitioner shall be considered for further promotion without reference to the impugned Charge- Memorandum; (iii) Further, if enquiry is not concluded within time specified, the Disciplinary Authority, as well as Enquiry Officer and Presenting Officer shall be answerable for the delay. (iv) No order as to costs. 6. As a sequel, miscellaneous petitions, pending if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 07.01.2026 IS 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.628 of 2026 Dated: 07.01.2026 IS