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Date of reserved for orders : Date of pronouncement : 01.07.2026 Date of uploading : 09.07.2026 APHC010100772024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3573] WEDNESDAY, THE 1st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 5340/2024 Between:
1. GIDUTURI RAMA RAO, S/O. LATE G. RAMA MURTHY, AGED 61 YEARS, OCC ADMINISTRATIVE OFFICER AND MPDO (FAC), O/O. THE MANDAL PARISHAD DEVELOPMENT OFFICE, PUSAPATIREGA MANDAL, VIZIANAGEU-AM DISTRICT. R/O.
H.NO.301, MIG-2, PHASE-ILL, VUDA COLONY, VIZIANAGARAM. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT,
SECRETARIATE BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT
2. THE STATE OF ANDHRA PRADESH, , REP. BY ITS SPECIAL CHIEF SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT,
SECRETARIATE BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT, VIZIANAGARAM. 5. THE CHIEF EXECUTIVE OFFICER, ZILLA PRAJA PARISHAD, VIZIANAGARAM. ...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 a Writ of Mandamus declaring the action of the 3th respondent in keeping the petitioners promotion at abeyance vide proceedings No.898903/ CPR and RD/A1/2019, dated 31.05.2023 for the alleged charges are pending against him and dodging over the enquiry as illegal, arbitrary, unlawful and consequently direct the respondents to relieve him to the Vizianagaram District on his promotion as Mandal Parishad Development Officer and pass IA NO: 1 OF 2024 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 direct the respondent No.3 to relieve the petitioner as per the relieving proceedings issued vide Rc.No. 146/2022, E2, dated 28.05.2023 by the 5 th respondent herein i.e., the Chief Executive Officer, Zilla Praja Parishad, Vizianagaram, pending disposal of the above writ petition, and pass IA NO: 2 OF 2024 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 grant leave for filing the Reply Affidavit in W.P.No.5340 of 2024 Counsel for the Petitioner:
1. KOTA KRISHNA DEEPTHI Counsel for the Respondent(S):
1. GP FOR SERVICES IV
2.
GP FOR PANCHAYAT RAJ RURAL DEV (AP)
3. G SRINIVASULA REDDY (SC FOR ZPP MPP AND GP SERVICES)
THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI ORDER:
The Writ Petition is filed for the following relief:
“…pleased to issue a Writ of Mandamus declaring the action of the 3 th respondent in keeping the petitioners promotion at abeyance vide proceedings No 898903/ CPR and RD/A1/2019 dated 31 05 2023 for the alleged charges are pending against him and dodging over the enquiry as illegal arbitrary unlawful and consequently direct the respondents to relieve him to the Vizianagaram District on his promotion as Mandal Parishad Development Officer and pass…”
2. The case of the petitioner is that petitioner was working as Administrative Officer as well as Mandal Parishad Development Officer (FAC) of Vizianagaram District vide proceedings dated 27.05.2023 in Rc.No.898903/CPRARD/A1/2026, the Commissioner, Panchayati Raj & Rural Development, promoted the petitioner as Mandal Parishad Development Officer on an ad hoc basis. 3. While so, the Chief Administrative Officer, Zilla Praja Parishad, Vizianagaram-5th respondent vide Rc.No.146/2022,E2 dated 28.05.2023 relived the petitioner from his duty on 29.05.2023 and directed the petitioner to report before the concerned Chief Executive Officers, Zilla Praja Parishad, Vizianagaram. After the petitioner got relieved, the Commissioner, Panchayati Raj and Rural Development, kept the petitioner's promotion orders in abeyance on the ground that Articles of Charge were pending against him and was served on the petitioner on 25.05.2023, in respect of the alleged irregularities said to have been committed by him before the date of
Departmental Promotion Committee. Assailing the same, the present Writ Petition is filed. 4. Sri Mr.Ghanta Rama Rao, learned Senior Counsel representing Ms. Kota Krishna Deepthi, learned counsel for the petitioner submits that the petitioner was retired from service on 31.10.2024 on the attaining the age of superannuation. However, the disciplinary proceedings that were initiated on 25.05.2023 are still kept pending without finalizing the same. He further submits that, in fact, the Enquiry Officer has already submitted the enquiry report, but the disciplinary authority has not yet concluded the disciplinary proceedings. He, therefore, requests this Court to direct the disciplinary authority to finalize the proceedings and pass appropriate orders, after affording the petitioner an opportunity of hearing. 5.
As per G.O.Ms.No.91 General Administration (Ser.C) Department dated 12.09.2022, a strict procedure has been prescribed that deals with the disciplinary proceedings and the time schedule has also been fixed. However, the respondent authorities seems to have not been adhered to the said guidelines and kept the matter pending without considering the Rules laid down under the said G.O. In view of the same, the pensionary and other retiremental benefits of the petitioner are not yet settled. 6. Learned Senior Counsel further submits that this Court may direct the disciplinary authorities to conclude the enquiry at the earliest and settle the pensionary benefits of the petitioner. 7. Considering the submissions made by the learned counsel on either side, this Court deems it appropriate to dispose of this Writ Petition. 8. Accordingly, the Writ Petition is disposed of directing the respondent No.3-Disciplinary authority to conclude the enquiry within a period of four (04) months from the date of receipt of a copy of this Order. The respondents are further directed to settle the pending pensionary and other terminal of the petitioner after concluding the enquiry, in accordance with law. 9. With the above directions, this Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions if any, shall stand closed. Interim orders granted earlier if any, also shall stand closed. ________________________________ JUSTICE BALAJI MEDAMALLI Dated: 01.07.2026
M K K
Whether the order is:
Speaking Reasoned
Reportable
Non-reportable
131 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI
Writ Petition No. 5340 of 2024 Date: 01.07.2026
M K K