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2026 DAILYLAW 21160 (AP)

S.V.V.N. Babji Rao v. The State of Andhra Pradesh

WP/16030/2022 · 2026-02-18

Venkateswarlu Nimmagadda

body2026

Judgment text

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APHC010270722022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16030/2022 Between: 1. S.V.V.N. BABJI RAO, S/O. S. CHIRANJEEVI, AGED 58 YEARS, DEPUTY COMMISSIONER OF PROH. & EXCISE, SEB, VISAKHAPATNAM, R/O QTR.NO.A2/7, RANDB QUARTERS, 8-1-18/3, SIRIPURAM, OPP. A.U. REGISTRAR OFFICE, SIRIPURAM, VISAKHAPATNAM-530003. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, REVENUE (EXCISE) DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF PROHIBITION AND EXCISE, GOVERNMENT OF ANDHRA PRADESH, PRASADAMPADU, VIJAYAWADA, KRISHNA DISTRICT. 3. THE TRIBUNAL FOR DISCIPLINARY PROCEEDINGS TDP, FOR THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, NAMPALLI, HYDERABAD. ...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 one in the nature of writ of Mandamus declaring the action of the respondents in not concluding the disciplinary proceedings initiated vide TEC No.207 of 2013, 2 dated 07.02.2018 as illegal, arbitrary and in violation of Articles 14, 16 and 21 of the Constitution of India apart from violation of instructions issued in G.O.Ms.No.679, GA (Ser-C) Department, dated 01.11.2008 and consequently set aside the proceedings vide TEC No.207 of 2013, dated 07.02.2018 and pass such other orders. IA NO: 1 OF 2022 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 suspend the charge memo in TEC No.207 of 2013, Dt.07.02.2018 and pass such other orders. Counsel for the Petitioner: 1. MANOJ KUMAR BETHAPUDI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16030 OF 2022 ORDER: This writ petition is filed declaring the action of the respondents in not concluding the disciplinary proceedings initiated vide TEC No.207 of 2013, dated 07.02.2018 as illegal, arbitrary and in violation of Articles 14, 16 and 21 of the Constitution of India part from violation of instructions issued in G.O.Ms.No.679, GA (Ser-C) Department, dated 01.11.2008 and consequently set aside the proceedings vide TEC No.207 of 2013, dated 07.02.2018. 2. 2. During hearing, learned counsel for the petitioner has drawn attention of this Court to G.O.Rt.No.442 Revenue (Vigilance-IV) Department, dated 19.05.2025 and would submit that the allegations of criminal misconduct and criminal conspiracy against certain Prohibition & Excise officials were placed before the Tribunal for Disciplinary Proceedings, charges were framed against them and finally charges were held not proved against the concerned officials. The Government has also decided to drop further action against the Charged Officer/petitioner herein as the charges against him were not proved in the inquiry and accordingly, the Government had dropped further action against the petitioner in the Departmental Proceedings initiated against him. Learned counsel for the petitioner submits that, since the Departmental Proceedings initiated against the petitioner were dropped, the cause in the writ petition does not survive any further for further adjudication. 4 3. On the other hand, learned Assistant Government Pleader for Services-I requested to pass appropriate order in this writ petition. 4. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Services-I. 5. On perusal of G.O.Rt.No.442 Revenue (Vigilance-IV) Department, dated 19.05.2025, it appears that, in the liquor syndicate scam case several allegations of criminal misconduct and criminal conspiracy were alleged against certain Prohibition & Excise officials, which led to initiation of Disciplinary Proceedings against the certain officers, among which the petitioner is one among them. The Tribunal for Disciplinary Proceedings framed charges against all the individuals. Thereafter the Tribunal was repealed and the cases were transferred to the Commissionerate of Inquiries. The Inquiring Authority, in its inquiry report recorded a finding that further action against all the charged officers to be dropped. Pursuant to that the Government, after careful examination of the matter decided to drop further action against all the charged officers since the charges against them were not held proved in the inquiry. Accordingly, the Government dropped further action against the said individuals against whom the Departmental Proceedings were initiated. 6. It is observed by the Court that once the Government had dropped all the Departmental Proceedings initiated against the petitioner, the relief claimed by the petitioner does not survive any further in the writ petition. More so, keeping the writ petition pending does not survive any further purpose. 5 7. Accordingly, for the reasons stated above, the writ petition is dismissed as infructuous. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 19.02.2026 RRM MRR 6 94 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16030 OF 2022 ‘ 19.02.2026 RRM MRR