Extracted from the PDF above. The PDF is authoritative.
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APHC010130172026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 7011/2026 Between:
1. G. SRINIVASA,, S/O LATE G. GOPALA KRISHNA, AGED ABOUT 69 YEARS. RETIRED SUB TREASURY OFFICER, R/O G-33-14-220, ALLIPURAM MAIN ROAD VISAKHAPATNAM DISTRICT
...PETITIONER AND
1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND ACCOUNTS, AT SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT -522238.
2. THE DIRECTOR OF TREASURIES AND ACCOUNTS, ANDHRA PRADESH, 1ST FLOOR, NIDHI BHAVAN, BEHIND APIIC BUILDING, I T PARK, MANGALAGIRI 522503, GUNTUR DISTRICT - 522503.
3. THE DEPUTY DIRECTOR, DISTRICT TREASURY OFFICE, P AND T COLONY, VISAKHAPATNAM VISAKHAPATNAM DISTRICT - 530013.
...RESPONDENT(S):
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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 action of the Respondents in not considering my representations including the representation dated 8.1.2026 for grant of all service benefits, including release of increments, pensicn, etc. as bad, arbitrary and violative of A P Civil Services (CCA) Rules, 1991 and also offends Arts. 14, 16, 21 and 300-A of the Constitution of India 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 direct the Respondents, to consider my representation 8.1.2026 including release of all the retirement benefits (Monetary benefits), and to pass Counsel for the Petitioner:
1. M VIDYAVATHI Counsel for the Respondent(S):
1. GP FOR SERVICES I The Court made the following:
ORDER: This writ petition is filed declaring the action of the respondents for not considering the representation dated 08.01.2026 submitted by the petitioner for grant of all service benefits by treating the suspension period as on duty, including release of increments, pension, etc., as
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illegal, arbitrary and violative of A.P. Civil Services (CC&A) Rules,
1991.
2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.
3. The contention of the learned counsel for the petitioner is that the enquiry officer was appointed to enquire on the charges vide G.3/6467/2014-3 dated 26.04.2016 and the petitioner submitted his explanation on 01.08.2020. The petitioner was retired from service as Sub-Treasury Officer on 28.02.2018 on attaining the age of superannuation. However, even till date, the respondents have not released the retirement benefits to the petitioner.
4. Based on the incident took place in 2016, a charge memo was issued to the petitioner on 26.04.2016. Though an enquiry has been conducted and completed, the respondents have not yet concluded the disciplinary proceedings and not passed any final orders and not released the service benefits to the petitioner.
5. Further, the
learned counsel placed reliance on G.O.Ms.No.91, General Administration (Ser.C) Department, dated
12.09.2022. According to the said G.O., in simple cases, the enquiry
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has to be concluded within three months and in complicated cases it has to be completed within six months. However, in the instant case, the charge memo was issued in the year 2016 and the respondents have not concluded and not disposed of the same till date. Hence, the present writ petition is filed.
6. Considering the submissions made by both the counsel and as contended by the learned counsel for the petitioner, though the respondents have completed the enquiry way back in 2018, so far they have not passed any final orders. Hence, there shall be a direction to the respondents to conclude the disciplinary proceedings within a period of one (1) month from the date of receipt of a copy of this order. If they fail to conclude the disciplinary proceedings or pass final orders within the stipulated period, the respondents shall consider and release all pensionary benefits to the petitioner within a period of two (2) months thereafter.
7. Accordingly, the Writ Petition is disposed of. There shall be no
order as to costs.
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As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH
Date:12.03.2026 GK
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THE HONOURABLE SRI JUSTICE D.RAMESH
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WRIT PETITION NO:7011 of 2026
Dated:12.03.2026
GK