APHC010072732026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5097/2026 Between:

1. K . YESUDASU,, S/O LATE CHINNA RAO, AGED 63 YEARS, RETIRED AS P AND E SUPERINTENDENT AT SRIKAKULAM, R/O D.NO. S-1 R.K. SADAN SBI COLONY, OPPOSITE JUDGE COURT, DABA GARDENS, VISAKHAPATNAM.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SCERETARY, REVENUE (EXCISE) DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE COMMISSIONER OF PROH AND EXCISE DEPARTMENT, STATE OF ANDHRA PRADESH, 3RD FLOOR, IHC CORPORATE BUILDING, MANGALAGIRI, GUNTUR DISTRICT, 522502.

...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 isssue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in not concluding the long pending disciplinary proceedings vide G.O.Rt.No. 798 dated 31-05- 2013 issued by 1st respondent, for the incident pertaining to the year

2010-2012, as illegal arbitrary and in violation of existing specific instructions of the Government, for early conclusion, and as well as the judgment of the Honble Apex Court, reported in P.V.MAHADEVAN Vs. M.D. TAMIL NADU HOUSING BOARD, and accordingly set aside the same, consequently direct the respondents to conclude the disciplinary proceedings vide G.O.Rt.No. 798 dated 31-05-2013 within 3 months, in terms of G.O.Ms.No. 679 GA (SER.C) Department, dated 1-11-2008 and G.O.Ms.No. 91 GAD Dated 12-09-2022, failing which the proceedings stands quashed automatically in terms of the similar orders passed in W.P.No. 15121 of 2025 dt 25-06-2025 and Futher direct them to release all retirement benefits like Full pension. Gratuity, Encashment of Earned Leave and Commutation of Pension and 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 within 3 months, pending aganist the petitioner vide G.O.Rt.No. 798 dated 31-05-2013, which related to Liquor Syndicate, of 2010-2012 and direct them to release all retirement benefits pending disposal of the above writ petition and to pass such Counsel for the Petitioner:

1. CHILAMKURTHI SATYA DEV NAIDU Counsel for the Respondent(S):

1. GP FOR SERVICES I The Court made the following:

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:-

“…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in not concluding the long pending disciplinary proceedings vide G.O.Rt.No.798 dated 31.05.2013 issued by the 1^st respondent, for the incident pertaining to the year 2010- 2012, as illegal arbitrary and pass such other order or orders.…”

2. Heard Sri Ch Satya Dev Naidu, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents.

3. The petitioner while working as Prohibition and Excise Inspector, was issued charge memo with respect to incident relating to the period of 2010-2012 on the allegation of imputations of misconduct, misbehavior and gross dereliction of duty on 31.05.2013. After initiation of aforesaid proceedings, there is no progress in the matter. Later, the 1^st respondent has G.O.Rt.No.798, dated 31.05.2013, to conduct inquiry. However, so far, the inquiry is not completed and the same is pending.

4. Learned counsel for the petitioner submits that the petitioner was retired after attaining the age of superannuation on 31.10.2021. The Government issued G.O.Ms.No.679, General Administration (Service.C) Depa