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2026 DAILYLAW 2400 (AP)

Kasukarthi Kama, v. THE STATE OF ANDHRA PRADESH

WP/13309/2026 · 2026-05-05

D Ramesh

body2026

Judgment text

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1 APHC010255072026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 13309/2026 Between: 1. KASUKARTHI KAMA,, S/O. SURYANARAYANA, AGED ABOUT 49 YEARS, OCC PROHIBITION AND EXCISE INSPECTOR, PROHIBITION AND EXCISE STATION, PIDIGURALLA, PALNADU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (EXCISE) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238. 2. THE COMMISSIONER OF PROHIBITION AND EXCISE, STATE OF A.P., MANGALAGIRI, GUNTUR DISTRICT- 5222503. ...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 tomay 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 2 concluding the long pendency of disciplinary proceedings vide Charge Memo T.E.C.No. 511 of 2013 (incident pertaining to the year 2010-2012) on the file of Tribunal for Disciplinary Proceedings, Hyderabad against the petitioner as highly illegal, arbitrary, unjust, improper, contrary to G.O.Ms.No.679, GA (Ser.C) Department, dated 01.11.2008 and G.O.Ms.No. 91 General Administration (SER.C) department dated 12.09.2022 and contrary to the orders of this Honble Court apart from violation of Article 14, 16 and 21 of the Constitution of India and set aside the same and consequently direct the respondents to conclude the departmental proceedings in pursuance of G.O.Ms.No. 91 General Administration (SER.C) Department dated 12.09.2022 failing which the above disciplinary proceedings stand quashed automatically in terms of the orders in W.P.No. 10161 of 2026 and to pass such 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 may be pleased to direct the respondents to conclude the disciplinary proceedings initiated against the petitioner vide Charge Memo T.E.C.No. 511 of 2013 on the file of Tribunal for Disciplinary Proceedings, Hyderabad within a period of 3 months and pass such Counsel for the Petitioner: 1. T S N SUDHAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 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 not concluding the long pendency of disciplinary proceedings vide charge memo T.E.C.No.511 of 2013 against the petitioner as illegal and arbitrary and contrary to the time limit stipulated in G.O.Ms.No.679 dated 01.11.2008 G. O. Ms. No. 91 General Administration Ser- C Department dated 12.09.2022 and Rule 20 of APCS (CC and A) Rues 1991 and in violation of Articles 14 and 16 of Constitution of India and to set aside the departmental proceedings and consequently direct the respondents to conclude the disciplinary proceedings in terms of G.O.Ms.No.91 dated 12.09.2022. 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 P & E Inspector, Yerragondapalem, Prakasam District, the charge memo was issued to the petitioner alleging that by correupt motive and in connivance with liquor groups allowed benamies who possessed white ration cards to operate A4 shops. 4 4. The petitioner submitted a written explanation urging the authorities to conclude the disciplinary proceedings in terms of G.O.Ms.No.91 dated 12.09.2022 taking into consideration the initiation of enquiry and the timing of issuance of the charge memo which was issued to him. 5. Learned counsel for the petitioner has submitted that the respondents are not taking steps to conclude the disciplinary proceedings against the petitioner and hence he prays to direct the respondents to conclude the departmental proceedings against the petitioner as per the G.O.Ms.No.91 dated 12.09.2022. 6. Having heard the respective submissions, this Court is of the opinion that the case of the petitioner can be considered in terms of G.O.Ms.No.91, dated 12.09.2022. 7. Accordingly, the Writ Petition is disposed of directing the respondents to conclude the departmental proceedings pending against the petitioner, in terms of G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022 within a period of three months from the date of receipt of copy of this order. There shall be no order as to costs. 5 As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date:06.05.2026 GK 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 13309 of 2026 Dated:06.05.2026 GK