lN THE HIGH COURT OF ANDHRA PRADESH: AT AMAR

(Spec-lal Or-lginal Jurisdiction)

TUESDAY, THE EIGHTEENTH DAY OF JULY ll^/O THOUSAND AND ll^/ENTY THREE

:PRESENT:

THE HONOURABLE SR[ JUSTICE D RAMESH

WRIT PETITION NO|.17550 OF 2O23

Between :

t-+

K.V.Srinivasa Rao, s/o late Sri Syam Sundara Rao, 62 years, Retired Administrative officer, o/o MandaI Praja Parishad, Kavali (M), r/o H.NQ.ll-33-955 A, Vengala Rao Nagar, Kavali, SPSR Nel[ore District.

Petitioner

AND

The State of Andhra Pradesh, rep by its Spl. Chief Secretary, Panchayat Raj and Rural Development Department, A.P. Secretariat, Velagapudi, Guntur Distr'lct

Respondent

petition under Article 226 of the Constitution of India is filed praying that in the a+FeumStanceS Stated in the affildaVit filed thereWith, the High Court may be pleased to issue a writ order or direction more particularly one in 'the nature of Writ of Mandamus declare the action of the respondent in not concluding the long pending disciplinary charges vide G.O.Rt.No. 796 PR&R IVIG.ll) Department, dated. 30-11- 2017 (Served on 10-10-2019) issued by the respondent, with a delay Of 10 years, from the date of incident related to the years 2007, the pendency causing prejudice in gett'lng full pension and other retirement benefits, as illegal arbitrary and in violation of existing specific instructions of the Government issued in G.O.Ms.No, 679, and as well as the judgment of the Hon'ble Apex Court, reported in p.v.MAHADEVAN Vs. M.D. TAMIL NADU HOUSING BOARD, and accordingly set aside the same, consequently direct the respondent to conclude the disciplinary proceedings in terms of G.O.Ms.No. 679 GA (SER.C) Department, dated.1-ll-2008, and' on the same analogy of orders passed in W.P.No.14567 of 2019, dated. 25-9- 2019, conformed in W.A.No. 456 of 2021 dated.16-9-2021, failing which the charges deemecl to be quashed and the petitioner entitled to all retirement benefits.

IANO: 1 OF2023

petition under section 151 CPC is filed praying that in the Circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to d'lrect the respondent to complete the enquiry against the impugned charge Memo issued G.O.Rt.No.796 PR & RDIVig.ll) Department, dated. 30-ll-2017, with a t'lme frame, pending disposal Of the Writ Petition No.17550 of 2023, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the support thereof and upon hearing the arguments of affidavit filed in SRI.RAMALINGESWARA RAO KOCHARLA KOTA Advocate for the Petitioner and of GP FOR SERVICES IV, for the Respondent, the Court made the following.

ORDER:

Considering the submissions and on perusal of the material on record, there shall be direction to the respondents to complete the enquiry and pass appropriate orders, considering the report as well as the explanation submitted by the petitioner, within a period of two (02) weeks from the date of receipt of a copy of the order.

Post after four (04) weeks

//TRUE COPY//

For $\iota$

Sd/- N. NAGAMMA

SECTION OFFICER

ASSISTANT REGISTRAR

To,

• 1. The Spl. Chief Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District (by RPAD)
• 2. One CC to SRI.RAMALINGESWARA RAO KOCHARLA KOTA Advocate [OPUC]
• -3. Two CCs to GP FOR SERVICES IV, High Court Of Andhra Pradesh. [OUT]
• 4. One spare copy

SRL

HIGH COURT

DRJ

$\qquad \qquad =$

DATED:18/07/2023

NOTE: POST AFTER FOUR (04) WEEKS

ORDER

WP.No.17550 of 2023

DIRECTION