WP/5029/2026 of MARRI LAKSHMAN Vs THE STATE OF AP on 19 February 2026

1. MARRI LAKSHMAN, S/O GOVINDAIAH, AGED ABOUT 56 YEARS, OCC CIRCLE INSPECTOR, WORKING AS CIRCLE INSPECTOR, NELLORE SC ST CELL, SPS NELLORE DISTRICT-522401.

...PETITIONER AND

1. THE STATE OF AP, REP. BY ITS , PRINCIPAL SECRETARY HOME DEPARTMENT,

SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, A.P.522 238

2. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT, A.P.522 502

3. THE TRIBUNAL FOR DISCIPLINARY PROCEEDINGS TDP, FOR THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, HYDERABAD. 500 001

4. THE COMMISSION OF ENQUIRIES, GENERAL ADMINISTRATION DEPARTMENT. SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, A.P 522 502

...RESPONDENT(S):

The Court made the following ORDER:

1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ of Mandamus, declaring the action of the respondents in not concluding the disciplinary proceedings in Tribunal Enquiry Case No. 543 of 2013 arising out of Crime No. 03/RCO-NPK/2012 of ACB, Nellore Range, pursuant to the charge memo dated 30- 11-2018 issued by the 3rd respondent now pending with 4TH respondent, and in failing to conclude the enquiry within the stipulated period of three months as prescribed under G.O. Ms. No. 679, G.A. (Ser.C) Department, dated 01.11.2008, as arbitrary, illegal and violative of Article 14 of the Constitution of India, contrary to the law laid down by the Hon'ble Supreme Court in P.V. Mahadevan v. Managing Director, Tamil Nadu Housing Board, (2005) 5 see 611, as well as the order of this Hon'ble Court dated 23.07.2020 in W.P. No. 17544 of 2020 and consequently to quash the said proceedings, and pass…”

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

3. The case of the petitioner is that the respondents have not concluded the disciplinary proceedings in Tribunal Enquiry Case No.543 of 2013 arising out of Crime No.03/RCO-NPK/2012 of ACB, Nellore Range, pursuant to the charge memo dated 30.11.2018 issued by the 3rd respondent, which is now pending with the 4th respondent. It is contended that the failure of the respondents to conclude the enquiry within the stipulated period of three months, as prescribed under G.O.Ms.No.679, G.A. (Ser.C) Department, dated 01.11.2008, is arbitrary and illegal.

4. The learned counsel for the petitioner, placing reliance on G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022, submits that the Government has framed comprehensive guidelines prescribing a definite time frame for expeditious disposal of disciplinary cases, in supersession of the earlier guidelines. It is submitted that, in simple cases, the enquiry is required to be completed within three months and, in complicated cases, within five to six months. The learned counsel seeks a direction for expeditious conclusion of the disciplinary proceedings and for quashing of the disciplinary enquiry in default. He has also placed reliance on orders passed by this Court in W.P.Nos.11776 and 11779 of 2021, W.P.No.17380 of 2021, W.P.No.17430 of 2021, W.P.No.17617 of 2021, W.P.No.5887 of 2025 and other similar cases.

5. Learned Government Pleader submits that there has been some delay due to administrative reasons; however, it is submitted that the enquiry would be completed as expeditiously as possible in terms of G.O.Ms.No.91, dated 12.09.2022.

6. Having heard the learned counsel for the petitioner and the learned Government Pleader, and upon perusal of the material available on record, as well as the orders passed by this Court in respect of similarly situated employees, this Court is of the opinion that the Government has issued comprehensive guidelines for conclusion of departmental proceedings vide G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022. Clause 5(ix) thereof is relevant for disposal of the present case, which reads as follows: “(ix) Government direct that, in all simple cases, the inquiry initiated against a Government servant shall be completed within three months either by departmental officers or the Commissioner of Inquiries. In complicated cases, it shall be ensured that the inquiry is completed within five to six months. The Secretaries to Government shall review the progress of inquiries ordered in all disciplinary cases and submit a note on cases pending beyond the stipulated time to the Chief Secretary to Government and also to the Chief Minister.”

7. Considering the same, the writ petition is disposed of with a direction to the respondent authorities to conclude the enquiry against the petitioner within a period of six (06) months from the date of receipt of a copy of this order. The petitioner shall cooperate for expeditious completion of the enquiry. In the event of failure to conclude the enquiry within the aforesaid time frame, the disciplinary proceedings against the petitioner shall stand quashed without further reference to this Court. There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.

________________________ JUSTICE D RAMESH 20.02.2026

klk

THE HONOURABLE SRI JUSTICE D RAMESH

WRIT PETITION NO: 5029/2026

20.02.2026 klk