P. Uma Maheswara Rao Vs The State of Andhra Pradesh

P. UMA MAHESWARA RAO, S/O. P VENKATESWARLU MALE, AGED ABOUT 54 YEARS WORKING AS PANCHAYAT SECRETARY (GR-I) R/O. FLAT NO. 102, BADARI BHAVAN, BUDDHAVARAM ROAD, GANNAVARAM (M) KRISHNA DISTRICT

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT BUILDINGS AMARAVATI

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THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT PVS LCON,TADEPALLI, GUNTUR DISTRICT

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THE DISTRICT COLLECTOR, KRISHNA, MACHILIPATNAM KRISHNA DISTRICT

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THE CHIEF EXECUTIVE OFFICER CUM INQUIRY OFFICER, ZILLA PRAJA PARISHAD, KRISHNA DISTRICT

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THE DISTRICT PANCHAYAT OFFICER, CUM PRESENTING OFFICER, KRISHNA DISTRICT

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...RESPONDENT(S):

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The Court made the following ORDER:

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This Writ Petition is filed seeking to declare the impugned Charge Memo No.7574/CPR, RD/B1/2014-4, dated 09.04.2015, and the consequential proceedings in Proceedings No.7574/CPR and RD/B1/2014-5, dated 13.07.2015 , issued by the 2nd Respondent, as illegal, arbitrary, and violative of the provisions of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 and G.O.Ms.No.91, dated 12.09.2022.

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Heard the learned counsel for the petitioner and the learned Government Pleader for Home Department appearing for the respondents.

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The learned counsel for the petitioner, placing reliance on G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022, submits that the Government has framed comprehensive guidelines prescribing a definite time frame for expeditious disposal of disciplinary cases, in supersession of the earlier guidelines. It is submitted that, in simple cases, the enquiry is required to be completed within three months and, in complicated cases, within five to six months. The learned counsel seeks a direction for expeditious conclusion of the disciplinary proceedings and for quashing of the disciplinary enquiry in default. He has also placed reliance on orders passed by this Court in W.P.Nos.11776 and

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11779 of 2021, W.P.No.17380 of 2021, W.P.No.17430 of 2021, W.P.No.17617 of 2021, W.P.No.5887 of 2025 and other similar cases.

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Learned Government Pleader submits that there has been some delay due to administrative reasons; however, it is submitted that the enquiry would be completed as expeditiously as possible in terms of G.O.Ms.No.91, dated 12.09.2022.

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Having heard the learned counsel for the petitioner and the learned Government Pleader, and upon perusal of the material available on record, as well as the orders passed by this Court in respect of similarly situated employees, this Court is of the opinion that the Government has issued comprehensive guidelines for conclusion of departmental proceedings vide G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022. Clause 5(ix) thereof is relevant for disposal of the present case, which reads as follows:

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“(ix) Government direct that, in all simple cases, the inquiry initiated against a Government servant shall be completed within three months either by departmental officers or the Commissioner of Inquiries. In complicated cases, it shall be ensured that the inquiry is completed within five to six months. The Secretaries to Government shall review the progress of inquiries ordered in all disciplinary cases and submit a note on cases pending beyond the stipulated time to the Chief Secretary to Government and also to the Chief Minister.”

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Considering the same, the writ petition is disposed of with a direction

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to the respondent authorities to conclude the enquiry against the petitioner within a period of six (06) months from the date of receipt of a copy of this order. The petitioner shall cooperate for expeditious completion of the enquiry. In the event of failure to conclude the enquiry within the aforesaid time frame, the disciplinary proceedings against the petitioner shall stand quashed without further reference to this Court. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.

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________________________ JUSTICE D RAMESH

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08.04.2026 klk

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190

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THE HONOURABLE SRI JUSTICE D RAMESH

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WRIT PETITION NO: 11192/2024