APHC010015492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310]

(Special Original Jurisdiction)

FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 847/2025 Between:

S Papaiah ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. POODATTU AMARENDER Counsel for the Respondent(S):

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

ORDER:

This writ petition is filed under Article 226 of the Constitution of India for the following relief:

“…..to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not concluding the disciplinary proceedings pending against the Petitioner vide Charge Memo Proc NO B2/CB3/202/20142 dt 17.06.2014 and making inordinate delay in concluding the disciplinary proceedings as illegal arbitrary discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the Respondents to conclude the disciplinary proceedings against the Petitioner forthwith as per the time schedule fixed by the Government vide G.O .Rt No 679 GAD dt 01.11.2008 or drop the disciplinary proceedings as per the settled Law laid down by the Honble Apex Court on the ground of inordinate delay and to pass….”

2. Today, when the matter is taken up for hearing, learned counsel for the petitioner, submits that this matter is squarely covered by an order of this Court passed in WP No.19154 of 2024, dated 02.09.2024, and requests this Court to pass similar order in this writ petition also.

3. This Court, vide order, dated 02.09.2024 in WP No.19154 of 2024, has disposed of the writ petition. The operative portion of the said order, reads as under:

“…Given the facts and circumstances of the case, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the disciplinary authority to pass appropriate orders in pursuance of the inquiry report submitted by the inquiry officer in respect of aforementioned charge memos, within three (03) months in terms of G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008 and in G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022. If the disciplinary authority fails to pass appropriate orders, the aforementioned charge memos framed against the petitioner will be quashed automatically, without reference to any further order. There shall be no order as to costs.. …”

4. Learned Assistant Government Pleader for Services-II appearing for the respondents opposed for grant of any relief in this writ petition and prayed to dismiss the same.

5. In view of the submissions made by both the learned counsels, this Court deems fit to dispose of this writ petition in terms of the said order dated

02.09.2024 passed by this Court in WP No.19154 of 2024.

6. Accordingly, the Writ Petition is disposed of in terms of the order of this Court dated 02.09.2024 passed in WP No.19154 of 2024. There shall be no order as to costs.

7. The Registry is directed to attach a copy of the order passed by this Court in WP No.19154 of 2024, dated 02.09.2024.

8. As a sequel, interlocutory applications, if any pending, shall stand closed.

__________________________

DR. K. MANMADHA RAO, J.

Date : 10-01-2025 Gvl HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No: 847/2025 Date :10.01.2025 Gvl