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2026:APHC:19015 APHC010180142026

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

(Special Original Jurisdiction)

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

PRESENT THE HONOURABLE SRI JUSTICE D RAMESH

WRIT PETITION NO: 9140/2026 Between:

1. M ALLA LOKESWARA RAO, S/O LATE APPA RAO, AGED ABOUT 68 YEARS, RETIRED SUB TREASURY OFFICER R/O K P BRUNDAVANAM, COLLECTOR OFFICE ROAD,

ANAKAPAILI, ANAKAPALLI DISTRICT ...PETITIONER

AND

1. T HE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR

DISTRICT -522238.

2. T HE DIRECTOR OF TREASURIES AND ACCOUNTS, ANDHRA PRADESH, 1 FLOOR, NIDHI BHAVAN, BEHIND APIIC BUILDING, I T PARK, MANGALAGIRI 522503,

GUNTUR DISTRICT -522503

3. T HE DEPUTY DIRECTOR, DISTRICT TREASURY OFFICE, P AND T COLONY, VISAKHAPATNAM - 530013

...RESPONDENT(S):

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The Court made the following ORDER:

1. This Writ Petition is filed declaring the action of the Respondents in not considering the period of suspension, i.e., four (4) years and six (6) months, as on duty, including the release of increments and full pension (25% remains to be paid), as bad, arbitrary, and contrary to the A.P. Fundamental Rules 53(B)(III) and

the A.P. Revised Pension Rules, 1980.

2. Heard the learned counsel for the petitioner and learned

Assistant Government Pleader for respondents.

3. The petitioner, while working as Assistant Prohibition and Excise Superintendent at Eluru, was issued a charge memo in Tribunal Enquiry Case No.101 of 2013, dated 06.01.2017, by the Andhra Pradesh Administrative Tribunal for Disciplinary Proceedings, Hyderabad, initiating disciplinary proceedings against him. After initiation of the aforesaid proceedings, there has been no progress in the matter. Even till date, the enquiry has not been completed and the same is still pending, though the issue relates to

the period 2010–2012.

4. Learned counsel for the petitioner submits that the Government issued G.O.Ms.No.679, General Administration

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(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 months in complicated cases as per G.O.Ms.No.679, General Administration

(Services–C) Department dated 01.11.2008.

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7. In State of A.P. v. N. Radhakishan, (1998) 4 SCC 154 , the Hon’ble Apex Court held as under:

“The essence of the matter is that the court has to take into consideration all the relevant factors and to balance and weigh them to determine if it is in the interest of clean and honest administration that the disciplinary proceedings should be allowed to terminate after delay particularly when the delay is abnormal and there is no explanation for the delay. The delinquent employee has a right that disciplinary proceedings against him