HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.33770 of 2023

ORDER:

Heard Sri R.Rajasekhar Rao, learned counsel appearing on behalf of the petitioner and learned Government Pleader for Services-I I I appearing on behalf of respondents.

2. The petitioner approached this Court seeking the prayer as under:

“…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2^nd respondent in continuing the disciplinary proceedings initiated in the charge memo bearing No.1313/V3/V2/2014-1, dated 11.04.2016 (incident of 2014) as illegal, arbitrary, unconstitutional and void being violative of orders of Government for concluding the disciplinary proceedings within a period of three (3) months and six (6) months in simple matters and complicated matters in G.O.Ms.No.679, dated 01.11.2008 and apart from contrary to the orders of the Hon’ble Court in W.P.No.13775 of 2018, dated 19.04.2018 and set aside the same and pass such other order…”.

3. The case of the petitioner, in brief, is that the petitioner is presently working as District Transport Officer on in-charge basis. The petitioner was initially appointed as Assistant Engineer in A.P. State Co-operative Rural Irrigation Corporation Limited and thereafter the petitioner was absorbed in Transport Department as per the orders of the erstwhile Hon’ble Andhra Pradesh Administrative Tribunal and as well as orders vide Rc.No.8828/C3/2009 dated 10.08.2010 and posted to Zone-VI as Assistant Motor Vehicle Inspector, then the petitioner was promoted as Motor Vehicle Inspector on 07.01.2017.

It is further the case of the petitioner that the petitioner received a charge memo bearing No.1313/V3/V2/2014-1, dated 11.04.2016 by the 2^nd respondent alleging that while the petitioner was working as Assistant Motor Vehicle Inspector at RTA Check Point, on the intervening night of 17/18.01.2014 from 1:00 hours to 5:00 hours the petitioner was found indulging in corrupt practices and collecting bribe from the new crew transport vehicles, which passed through check post with the help of private agency. The petitioner submitted explanation on 24.01.2017 denying the allegations made against the petitioner in the charge memo and requested to drop further action. But, the 1^st respondent issued orders appointing the enquiry officer to conduct enquiry in proceedings bearing R.No.1313/V3/V2/2014 dated 05.07.2017, directing the enquiry officer to submit the enquiry report within a period of two months. As on today, the said enquiry is pending. Thereafter, the petitioner had approached this Court by filing W.P.No.13775 of 2018 challenging the action of the 2^nd respondent in not concluding the disciplinary proceedings initiated vide charge memo dated 11.04.2016 and the Hon’ble Court vide its Judgment dated 19.04.2018, directed the respondents to conclude the disciplinary proceedings within a period of six months, but as on today the respondents have not concluded the disciplinary proceedings. Aggrieved by the same the petitioner preferred this writ petition.

4. PERUSED THE RECORD.

(A) The relevant portion of the order dated

19.04.2018 passed in W.P.No.13775 of 2018 filed by the petitioner on an earlier occasion, is extracted hereunder:

“…Since it is stated that the issue pertains to the year 2014 and impugned charge memo was issued on 11.04.2016, the respondents are directed to conclude the disciplinary proceedings within a period of six months from the date of receipt of a copy of this order.

With the above direction, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stands closed.”

(B) The interim order granted in favour of the petitioner on 26.12.2023 in present W.P.No.33770 of

2023, is extracted hereunder:

“…Having considered the submissions made by the learned counsel for the petitioner and also the order dated 19.04.2018 passed by this Court in