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2026 DAILYLAW 2337 (AP)

Avuleti Nageswara Rao, v. The State of Andhra Pradesh,

WP/12493/2026 · 2026-05-03

D Ramesh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010237942026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 12493/2026 Between: 1. AVULETI NAGESWARA RAO,, S/O AVULETI VENKATASUBBAIAH, AGED 44 YEARS, TAHSILDAR, C.K. DINNE MANDAL, Y.S.R. KADAPA DISTRICT, FORMERLY TAHSILDAR, YARRAGUNTLA, R/O 6-3-395, SRI KRISHNADEVARAYA NAGAR, GOPAVARAM, BADVEL, Y.S.R. KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT, REVENUE (VIG.III) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT- 500022. 2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT-522503 ...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 of Mandamus 2 or any other appropriate Writ challenging the action on the part of the respondents in initiating the disciplinary proceedings against the petitioner through Articles of Charges communicated vide CCLAs Procgs.No.REV02-28/78/2025- l(e.2972062), Dt.07.10.2025 of the 2nd respondent and continuing the same as illegal, arbitrary and contrary to law and set aside the same with a direction to the respondents to consider the case of the petitioner for promotion to the post of Deputy Collector without reference to CCLAs Procgs.No.REV02-28/78/2025- l(e.2972062), Dt.07.10.2025 of the 2nd respondent 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 the case of the petitioner for promotion to the post of Deputy Collector without reference to CCLA’s Procgs.No.REV02- 28/78/2025-l(e.2972062), Dt.07.10.2025 of the 2nd respondent, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. V MAHESWAR REDDY Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: ORDER: The present writ petition is filed seeking the following relief: “….pleased to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the inaction of the Respondents in 3 initiating the disciplinary proceedings against the petitioner through Articles of Charges dated 07.10.2025 by the 2nd respondent and continuing the same as illegal and arbitrary. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents. 3. The case of the petitioner is that while he was working as Tahsildar at Yerraguntla, the officials of Anti Corruption Bureau conducted a surprise check on 02.02.2023 and during that process an amount of Rs.13,040/- was found with M. Maheshbabu, VRA and 6 other employees. 2nd respondent initiated the disciplinary proceedings against the petitioner and 12 other employees and issued the impugned charge memo. The petitioner submitted the explanation on 10.10.2025 requesting the respondents to drop the further action in the matter. But the respondents have not taken any action so far even though the incident took place in the year 2023. Hence, the present writ petition. 4. Learned counsel for the petitioner has submitted that the respondents have not considered the explanation submitted by the petitioner on 10.10.2025 and did not conclude the enquiry so far. Hence, he prays to allow the writ petition. 4 5. On perusal of the record, it is found that there is no mention about the reason for causing delay in concluding the disciplinary proceedings. Considering the submissions made, this Court opined that even after lapse of three years, the Respondents did not conclude the disciplinary proceedings is quite contrary to the instructions in Clause 5(ix) issued vide G.O.Ms.No.91 General Administration (SER.C) Department, dated 12.09.2022, which reads as follows:- “ix. 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 Minster.” 6. Whereas in the instant case, it is very clear that even after three years of initiation of disciplinary proceedings, the Respondents did not conclude the disciplinary proceedings. In that view this Court 5 without touching the merits of the case, considering the submissions made by counsel on both sides, inclined to dispose of the Writ Petition, while directing the Respondents to conclude the disciplinary proceedings within a period of two (03) months from the date of receipt of a copy of this order. 7. Having heard the submissions of the learned counsel for the petitioner, the Writ Petition is disposed of directing the respondents to conclude the disciplinary proceedings dated 07.10.2025 of the 2nd respondent within a period of three months from the date of receipt of copy of this order in terms of G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE D.RAMESH Date:04.05.2026 GK 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO:12493 of 2026 Dated:04.05.2026 GK