APHC010400962026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21889/2026 Between: 1. D TIRUMALESU, S/O D.S.R. MURTHY, AGED ABOUT 66 YEARS, OCC RETD. DEE (TW)., O/O EXECUTIVE ENGINEER, TRIBAL WELFARE, PARVATHIPURAM, VIZIANAGARAM DISTRICT, R/O H.NC .2-90/A, BALA VENKATESWARA SWAMY TEMPLE, TANUKU, WEST GODAVARI DISTRICT, A.P.-534 211. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE ENGINEERING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT - 522 503. A.P. 2. THE CHIEF ENGINEER, TRIBAL WELFARE DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT, A.P.-520 001. 3. THE ACCOUNTANT GENERAL A E, ANDHRA PRADESH, STALIN CENTRAL, 8TH FLOOR, M.G. ROAD, GOVERNOR PET, VIJAYAWADA, ANDHRA PRADESH - 520 002. ...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 toissue an appropriate writ, order or direction more particularly one in the of Writ of Mandamus to declare the action of the hereby nature Respondents in not settling the pensionary benefits of 2 the Petitioner, though he retired from service on 31.07.2020 and also in not concluding the disciplinary proceedings pending against the Petitioner vide Charge Memo in Procgs.No. B2/CB3/202/2014-11, dated 17.06.2014 and making inordinate delay in concluding the disciplinary proceedings as illegal, arbitrary, discriminatory and violative of Articles 14, 16 21 of the Constitution of India and consequently, direct the Respondents to conclude the disciplinary proceedings pending against the Petitioner, forthwith, as per the time schedule fixed by the Government vide G.O.Ms.No.91, GAD., dt 12.09.2022, or else drop the disciplinary proceedings, as per the settled Law laid down by the Honble Apex Court on the ground of inordinate delay and further release all the Pensionary benefits to the Petitioner forthwit 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 Direct the Respondents to conclude the disciplinary proceedings pending against the Petitioner, forthwith, as per the time schedule fixed by the Government vide G.O.Ms.No.91, GAD., dt 12.09.2022, by extending the ratio of the orders in WP No. 1865/2020, dt 30.01.2020 and as confirmed in W.A.No. 45/2021, dt 20.03.2021 and as per the orders in WP. No.35371/2025 dt 19.12.2025, in favor of the Petitioner pending disposal of the above writ petition Counsel for the Petitioner: 1. POODATTU AMARENDER Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.21889 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondents in not settling the pensionary benefits of the Petitioner and in concluding the disciplinary proceedings initiated against the Petitioner vide Procgs.No.B2/CB3/202/2014-11, dated 17.06.2014 in terms of G.O.Ms.No.91, General Administration Department, dated 12.09.2022, as illegal and arbitrary. 2. The brief facts are as follows:- The Petitioner was initially appointed as Technical Work Inspector in Tribal Welfare department. Later, he was promoted to the post of Assistant Engineer and thereafter as Deputy Executive Engineer and retired from his service upon attaining age of superannuation while working as Deputy Executive Engineer on 31.07.2020. 3. While the Petitioner was discharging his duties as Assistant Engineer in TW sub-division, Chintapalli, a charge-memorandum was issued against the Petitioner on 17.06.2014 alleging certain 4 irregularities. The Petitioner submitted his explanation to charge- memorandum denying the allegations made therein. 4. The grievance of the Petitioner in filing the present Writ Petition is that though the charge-memorandum was issued in the month of June, 2014, there has been no progress in the enquiry and no Enquiry Officer or Presenting Officer were appointed as on date. Further, the Petitioner had retired from service on attaining the age of superannuation on 31.07.2020. Hence, Writ Petition came to be filed. 5. The learned counsel for the Petitioner M/s Poodattu Amarender while placing reliance on G.O.Ms.No.91, General Administration (SER.C) Department, dated 12.09.2022 submits that the Government had framed comprehensive guidelines fixing definite time frame for expediting the process of disciplinary cases in supersession of the previous guidelines. The learned counsel for the Petitioner further submits that in simple cases, the enquiry should be completed within three (3) months and in complicated cases, the enquiry should be completed within five (5) to six (6) months and seeks for expeditious conclusion of the disciplinary proceedings. 6. The learned Assistant Government Pleader for Services Sri S. Raju would submit that the disciplinary enquiry would be completed, as 5 expeditiously as possible, as mandated under G.O.Ms.No.91 dated 12.09.2022 relied upon by the learned counsel for the Petitioner. 7. Having heard the learned counsel for the Petitioner and taking note of the submissions made by the Assistant Government Pleader, this Court is of the opinion that the Government had issued the comprehensive guidelines for conclusion of departmental proceedings vide G.O.Ms.No.91, General Administration (SER.C) Department, dated 12.09.2022 and Clause 5 (ix) thereof would be relevant for disposal of this case, which reads as under:- ‘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 Minister.’ 8. In view of the above, the Writ Petition is disposed of, with the following directions:- (i) The Respondent-Authorities are directed to conclude the enquiry within a period of six (06) months from the date of receipt of a copy of this order. (ii) The Petitioner shall co-operate for expeditious conclusion of the enquiry. 6 (iii) In the event, the enquiry is not concluded within the time specified, the disciplinary authority, as well as the Enquiry Officer and Presenting Officer shall be answerable for the delay. (iv) In default of concluding the enquiry within the time frame specified above, the retirement benefits of the Petitioner shall be released, without reference to the charge memorandum. 9. No order as to costs. 10. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 05.08.2026 chs 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 117 WRIT PETITION No.21889 of 2026 Dated: 05.08.2026 chs