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2026 Supreme(Online)(AP) 18680

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


2026:APHC:18622


WRIT PETITION NO: 10554/2026


Between:

1. C H. V. MAHESH KUMAR,, S/O. VENKATESWARLU, AGED

ABOUT 56 YEARS, OCC ASSISTANT COMMISSIONER OF

PROHIBITION AND EXCISE, ENFORCEMENT WING,

VISAKHAPATNAM, VISAKHAPATNAMDISTRICT.

...PETITIONER


AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS

PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE

(EXCISE) DEPARTMENT, SECRETARIAT, VELAGAPUDI,

GUNTUR DISTRICT-522238.

2. T HE COMMISSIONER OF PROHIBITION AND EXCISE,

STATE OF A.P., MANGALAGIRI, GUNTUR DISTRICT-

5222503.

...RESPONDENT(S):


PRESENT THE HONOURABLE SRI JUSTICE D RAMESH


TUESDAY,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX

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 issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not concluding the long pendency of disciplinary proceedings vide Charge MemoT.E.C.No. 134 of 2013 (incident pertaining to the year 2008-2010) on the file of Tribunal for Disciplinary Proceedings, Hyderabad against the petitioner as highly illegal, arbitrary, unjust, improper, contrary to G.O.Ms.No.679, GA (Ser.C) Department, dated 01.11.2008 and G.O.Ms.No. 91 General Administration (SER.C) department dated 12.09.2022 and contrary to the orders of this Honble Court apart from violation of Article 14, 16 and 21 of the Constitution of India and set aside the same and consequently direct the respondents to conclude the departmental proceedings in pursuance of G.O.Ms.No. 91 General Administration (SER.C) Department dated 12.09.2022 failing which the above disciplinary proceedings stand quashed automatically in terms of the orders in W.P.No. 5097 of 2026 and to 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 initiated against the petitioner vide Charge MemoT.E.C.No. 134 of 2013 on the file of Tribunal for Disciplinary Proceedings, Hyderabad within a period of 3 months and pass such

Counsel for the Petitioner:

1. T S N SUDHAKAR

Counsel for the Respondent(S):

1. GP FOR SERVICES I

The Court made the following:

ORDER:

1. This Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondents in not concluding the long pendency of disciplinary proceedings vide charge Memo T.E.C.No.134 of 2013 for incident year 2008-2010 as illegal and arbitrary.

2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

3. The petitioner while working as Prohibition and Excise Inspector, was issued charge memo with respect to incident relating to the period of 2008-2010 on the allegation of corruption and received bribes, mamools and in abuse of his official duties. After initiation of aforesaid proceedings, there is no progress in the matter. Later, the petitioner was issued charge Memo T.E.C.No.134 of 2013 for incident year 2008-2010. However, so far, the inquiry is not completed and the same is pending.

4. Learned counsel for the petitioner submits that the Government issued G.O.Ms.No.679, General Administration (Service.C) Department, dated 01.11.2018, fixing time-limit for early completion of departmental inquiries. In the said G.O., instructions were issued for expeditious completion of inquiries viz., three months for simple cases and six months for complicated cases. Since the inquiries, pending against the petitioner, are not completed, the above writ petition is filed.

5. Learned Assistant Government Pleader brought to the notice of this Court that the Tribunal for Disciplinary Proceedings, which was constituted under Section 3 of the Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal) Act, 1960 was abolished by Ordinance No.6 of 2022, dated 16.8.2022. The same was published in Part IV–B of the Extraordinary Gazette of Andhra Pradesh. Pursuant to repeal of the Tribunal, the Government issued G.O.Ms.No.98, General Administration (Services–E) Department, dated 18.8.2022 transferring all the cases pending on the file of the Tribunal for Disciplinary Proceedings to the Commissionerate of Inquiries (COI), to continue the pending proceedings and to dispose of it, in accordance with the statutory rules.

6. Disciplinary proceedings, initiated against an employee, are to be completed within three months in simple cases and six m

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