Extracted from the PDF above. The PDF is authoritative.
APHC010038442026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 2532/2026 Between:
1. CH RAJASEKHAR, S/O. RATNA RAJU, AGE 64 YEARS, RETIRED DEPUTY DIRECTOR, ON O.D. AS SELECTION GRADE SECRETARY, AGRICULTURAL MARKET COMMITTEE, ELURU, RIO. D.NO.396/5, CHRISTIAN PETA,
VISSAKODERU, PALAKODERU MANDAL, WEST GODAVARI DISTRICT.
...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND CO-OPERATION (VIG-II) DEPARTMENT, ANDHRA PRADESH SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. PINCODE 522238
2. THE DIRECTOR OF AGRICULTURAL MARKETING, , REP BY ITS CHUTTUGUNTA, OLD MIRCHI YARD, GUNTUR. PINCODE 522002
...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 topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent authorities in not finalizing the Departmental Proceedings, initiated in G.O.Rt.No.315, Agriculture and Co-Operation (VIG-II) Department, dated 10-04-2024 in respect of the incident of 2019-2021, though the petitioner was permitted to retire from service on 31-12-2020,
in spite of submitting a reply on 24-6-2024 as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and contrary to the Government Circulars issued in Circular Memo.No.35676/Ser.C/98-1 G.A.(Ser.C) Department, dated 01-07-1998 and Circular Memo.No.24637/Ser.C/2000-2 G.A.(Ser.C) Department, dated 05-09- 2000, fixing the time schedule for completion of enquiries and consequently direct the Respondents to forthwith finalize the Departmental Proceedings within. 2 months, failing which the Departmental Proceedings are deemed to be quashed and to pass 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 pleased to issue an interim direction, directing the Respondents to forthwith finalize the Departmental Proceedings initiated in G.O.Rt.No.315, Agriculture and Co-Operation (VIG-II) Department, dated 10-04-2024 within a period of Z months, pending disposal of the Writ Petition and to pass Counsel for the Petitioner:
1. P V RAMANA Counsel for the Respondent(S):
1. GP FOR SERVICES II The Court made the following:
ORDER:
1. The present Writ Petition is filed declaring the action of the respondent authorities in not finalizing the departmental proceedings initiated in G.O.Rt.No. 315, Agriculture and Co-operation (VIG-II) Department, dated 10.04.2024, in respect of the incident of 2019–2021, though the petitioner was permitted to retire from service on 31.12.2020, in spite of submitting a reply on 24.06.2024, as illegal and arbitrary.
2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.
3. The contention of the petitioner is that the respondents have initiated departmental proceedings in G.O.Rt.No. 315, Agriculture and Co-operation (VIG-II) Department, dated 10.04.2024, in respect of the incident of 2019– 2021, which is after a lapse of four (04) years from the date of retirement from service. The petitioner submitted his reply to the said charge memo on
24.06.2024. Despite the same, even after a lapse of one and a half years, the respondents have appointed an Enquiry Officer, but the enquiry has not been proceeded with, which is contrary to the time stipulated under Circular Memo No. 24637/Ser.C/2000-2, G.A. (Ser.C) Department, dated 05.09.2000.
4. According to the said circulars, the authorities are required to complete major penalty proceedings within a period of six (06) months, but even after
eighteen (18) months from the issuance of the charge sheet, the respondents have neither proceeded with nor contemplated proceeding with the enquiry.
5. Considering the submissions made and on perusal of the averments in the writ petition, without going into the merits of the case, this writ petition is
disposed of at the stage of admission, directing the respondents to consider Circular Memo No. 24637/Ser.C/2000-2, G.A. (Ser.C) Department, dated 05.09.2000, referred to above, and take appropriate action within a reasonable period, not later than six (06) months from the date of receipt of a copy of this
order. There shall be no order as to costs.
Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed.
______________________________________ JUSTICE D RAMESH 30.01.2026 RMD
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 2532/2026
30.01.2026 RMD