:: ORDER ::

This writ petition is filed seeking the following relief:

“… to issue a writ, order or direction more particularly one in the nature of a writ or writ of mandamus or any other appropriate writ, order or direction declaring the action of respondents in not concluding the disciplinary proceedings initiated against the petitioner vide Charge Memo No.9962/CPR & RD / A2 / 2015 Dt: 16-02-2016 and also not releasing the regular pension and pensionary benefits to the petitioner including notional benefits as highly illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to conclude/finalise the departmental proceedings in terms of G.O.Ms.No.91, General Administration (Ser.C) Department dated

12.09.2022, and pass such other order or orders …”

2. The averments in the writ affidavit, in brief, are that while petitioner was working as Superintendent, MPP B. Kodur and incharge MPDO, Kasinayana, departmental proceedings were initiated against the petitioner as per Rule 20 of the Andhra Pradesh Civil Service (CCA) Rules, 1991 and Articles of Charges were framed vide Charge Memo No.9962/CPR & RD/A2/2015 dated 16.02.2016. Petitioner submitted written defense and Inquiry Officer also submitted report to the Commissioner vide Rc.No.E2/1109/2015 dated 24.06.2020 under Ex.P5. Subsequently, respondent No.1 issued memo dated 11.08.2022 under Ex.P6 directing the Commissioner, respondent No.2 to examine the matter in detail and furnish report, recording findings, to the Government. Respondent No.2, the Commissioner submitted remarks dated 30.11.2022 under Ex.P7 to respondent No.1. Respondent No.1 vide Memo No.6348/Vig.V/2015 dated 21.06.2023, requested respondent No.2 to remit the case to Inquiry Authority to conduct further inquiry against charged officer and it was further requested to arrange for a special audit of the transactions made by the charged officer during the period and furnish detail report to the Government, immediately. Though the said memo was issued on 21.06.2023, no further enquiry was conducted so far.

3. Heard Smt. G. Sree Deepthi, learned counsel for the petitioner and Sri R.S. Manidhar Pingali, learned Assistant Government Pleader for Services for respondents 1 to 3.

4. Learned counsel for the petitioner would submit that since inquiry is pending, retirement benefits are not paid to the petitioner. Learned counsel would submit that any inquiry contemplated under disciplinary proceedings have to be concluded in three months in case of simple cases and six months in case of complicated cases. However, neither the inquiry is initiated nor completed subsequent to issuance of Memo No.6348/Vig.V/2015 dated

21.06.2023 by respondent No.1. Hence, the above writ petition is filed.

5. Learned Assistant Government Pleader, while not disputing regarding issuance of memo dated 21.06.2023 under Ex.P8, would submit that necessary steps will be taken to conclude the inquiry, keeping in view the G.O.Ms.No.91, General Administration (Ser.C) Department, dated

12.09.2022.

6. Given the facts and circumstances, without going into other aspects, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the authorities to conclude the enquiry, in pursuance of Ex.P8 dated 21.06.2023, strictly in accordance with G.O.Ms.No.91 dated 12.09.2022. If the Inquiry Officer fails to complete the enquiry in accordance with G.O.Ms.No.91, respondents 1 and 2 shall pass appropriate orders based on the available record, keeping in view the status of the petitioner, who retired from employment and the benefits are not released so far. No costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

___________________________ JUSTICE SUBBA REDDY SATTI

Date : 07.08.2024

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6925/2024

Date : 07.08.2024

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