Andhra Pradesh High Court
WP/24933/2026 of LANKA NAGA VENKATA NARESH KUMAR Vs THE STATE OF ANDHRA PRADESH on 1 September 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE 2nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24933/2026 Between: 1. LANKA NAGA VENKATA NARESH KUMAR, C/O LANKA DHANALAKSHMI, AGED ABOUT 37 YEARS, OCC
APHC010459102026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY, THE 2nd DAY OF SEPTEMBER 2026
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 24933/2026
Between:
1. LANKA NAGA VENKATA NARESH KUMAR, C/O LANKA
DHANALAKSHMI, AGED ABOUT 37 YEARS, OCC OFFICE
SUBORDINATE R/O. D.NO. 2-340/43/TF-2, KOLA SUBBA RAO
STREET,
BHARATHI
FORTUNE
ENCLAVE,
UNDAVALLI
AMARAVATHI ROAD, UNDAVALLI (RURAL), GUNTUR DISTRICT
522501
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY,
SOCIAL
WELFARE
DEPARTMENT,
SECRETARIAT
BUILDINGS,
VELAGAPUDI,
AMARAVATI,
GUNTUR DISTRICT.
2. THE DIRECTOR OF SOCIAL WELFARE, GOVERNMENT OF
ANDHRA PRADESH, TG PLAZA, TADEPALLI, GUNTUR
DISTRICT, AMARAVATI-522501.
3. THE ADDITIONAL DIRECTOR, O/O. THE DIRECTOR OF SOCIAL
WELFARE, A.P., TG PLAZA, TADEPALLI, GUNTUR DISTRICT-
522501.
4. THE DEPUTY DIRECTOR HOSTELS / INQUIRING AUTHORITY, O/O THE DIRECTOR OF SOCIAL WELFARE, A.P., TG PLAZA, TADEPALLI, GUNTUR DISTRICT-522501.
5. THE DISTRICT SC WELFARE AND EMPOWERMENT OFFICER, ELURU AT ELURU DISTRICT -534001
...RESPONDENT(S):
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 toissue an appropriate Writ, Order, or Direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the inaction of the Respondents in concluding the inquiry against the Petitioner despite an inordinate, unjustifiable delay of 2 years arising out of Charge Memo Proc. Vide Rc. No.
A2/11/3/2024,
dated
15.04.2024,despite guidelines under G.O. Ms. No. 91 General Administration (SER.C) dated 12.09.2022 as arbitrary, illegal, and violative of Articles 14 and 16 of the Constitution of India and to consequently DIRECT the Respondents to conclude the inquiry or quash the charges on the account of prejudice caused to him Counsel for the Petitioner:
1. BAGGI VENKATA PAVAN KUMAR
Counsel for the Respondent(S):
1. GP FOR SERVICES I
The Court made the following:
WRIT PETITION No.24933 of 2026
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ORDER:
1. The present Writ Petition is filed questioning the action of Respondents in not concluding the disciplinary proceedings initiated against the Petitioner vide Proc.Rc.No.A2/11/3/2024, dated 15.04.2024 as per the guidelines issued vide G.O.Ms.No.91, General Administration (SER.C) department, dated 12.09.2022, as illegal and arbitrary.
2. The facts leading to file the present Writ Petition are as follows:-
The Petitioner was appointed as an Office Subordinate (Class- IV) on compassionate grounds and is working in the office of Respondent No.2. While so, based on the representation given by the staff members, the Petitioner was temporarily transferred (On-Duty (O.D.) basis) from the office of Respondent No.2 to the office of Respondent No.4. Thereafter, a Charge Memorandum dated 15.04.2024 was issued under Rule 20 of the APCS (CCA) Rules, 1991, alleging that he had sent objectionable messages to a woman who is working as a Junior Assistant and had thereby shown lack of integrity and devotion to his duty.
3. Thereafter, the Petitioner submitted his explanation dated 25.04.2024 to the disciplinary authority, denying the allegations. Thereafter, an Enquiry Officer was appointed on 20.06.2024, but there was no further progress in the disciplinary enquiry. The Petitioner submitted multiple representations dated 20.11.2023, 09.01.2024, 18.10.2024, and 11.08.2026, requesting Respondent No.2 to cancel his On-Duty (O.D.) basis/Deputation in the office of Respondent No.4 and to reinstate him to his parent post in the office of Respondent No.2. However, the Respondent-Authorities are continuing the Petitioner on On-Duty (O.D.) basis/Deputation on account of the pendency of the disciplinary proceedings, which is causing prejudice to the Petitioner. Hence, the present Writ Petition came to be filed.
4. Learned counsel for the Petitioner submits that the Government has provided timeline for concluding departmental enquiries specifically three months in case of simple cases and six months in case of complex cases in terms of G.O.Ms.No.679 dated 01.11.2009 read with G.O.Ms.No.91 General Administration (SER.C) Department dated 12.09.2022 rather Respondents were not adhering the aforesaid timelines in concluding the enquiry, therefore, temporarily transferring the Petitioner on On-Duty (O.D.) basis/Deputation to the office of Respondent No.4 cannot be sustained.
5. Learned Assistant Government Pleader appearing for Respondents on the other hand submits that enquiry would be concluded as expeditiously as possible.
6. Having heard the respective counsel and taking note of the fact that there is no progress in the departmental enquiry is contrary to the time frame as fixed vide G.O.Ms.No.91, dated 12.09.2022, this Court is inclined to dispose of the Writ Petition, with the consent of both the counsel at admission stage, with following directions:-
(i) The Respondent-Authorities are directed to conclude the disciplinary proceedings within a period of six (06) months from the date of receipt of a copy of this order.
(ii) The disciplinary authority as well as Enquiry Officer and Presenting Officer shall be personally answerable, in the event enquiry is not concluded within the time frame referred above.
7. Accordingly, the Writ Petition is disposed of. No order as to costs.
8. As a sequel, miscellaneous applications pending, if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY
Date: 02.09.2026 chs
WRIT PETITION No.24933 of 2026 Dated: 02.09.2026
chs