Andhra Pradesh High Court - Amravati
N V Sai Rama Prasad vs The State Of Andhra Pradesh on 25 February, 2026
Author: D Ramesh
Bench: D Ramesh
APHC010067772026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3208]
(Special Original Jurisdiction)
WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 3991/2026
Between:
1. N V SAI RAMA PRASAD, S/O.RAMANA, AGED ABOUT 62 YEARS,
R/O.41/773, SHANKARAPURAM YSR KADAPA DISTRICT -516002
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL
SECRETARY IRRIGATION DEPARTMENT, VELAGAPUDI
AMARAVATI, GUNTUR DISTRICT - 522238
2. STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY
HOME DEPARTMENT, VELAGAPUDI AMARAVATI, GUNTUR
DISTRICT - 522238
3. THE ENGINEER IN CHIEF ADMINISTRATION, IRRIGATION
DEPARTMENT, AMARAVATI, GUNTUR DISTRICT - 522238
4. SUPERINTENDENT ENGINEER, IRRIGATION DEPARTMENT, YSR
KADAPA DISTRICT- 516001
5. ADDITIONAL DIRECTOR GENERAL OF POLICE, CB CID, AP,
MANGALGIRI -522503
...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 to issue a Writ, order or direction more particularly one in the nature
of Writ of Mandamus, quashing the Articles of Charge/ Charge Memo issued
by the Respondents more particularly the 1St Respondent vide G.O.Rt.No.361
dated 29.05.2014 issued by the Principal Secretary, Irrigation and CAD
Department on the grounds that the respondents have delayed in notifying
Inquiring Authority and appointing Inquiry officer in the disciplinary
proceedings against the petitioner for a period of more than 12 years thereby
causing prejudice and mental agony to the petitioner as illegal, arbitrary,
violation of Principles of Natural Justice and violation of Articles-14 and 21 of
the Constitution of India and apart from being violative of G.O.Ms.No.91,
issued by GAD, dated 12.09.2022 and pass
IA NO: 1 OF 2026
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to
direct the Respondents to regularize the service and award all benefits
entitled to eligible on par with his juniors and pass
Counsel for the Petitioner:
1. CHALUMURI GNANA KAUSHIK
Counsel for the Respondent(S):
1. GP FOR SERVICES I
2. GP FOR SERVICES II
THE HONOURABLE SRI JUSTICE D RAMESH
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
"...to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, quashing the Articles of Charge/Charge Memo issued by the Respondents more particularly the 1st Respondent vide G.O.Rt.No.361 dated 29.05.2014 issued by the Principal Secretary, Irrigation and CAD Department on the grounds that the respondents have delayed in notifying Inquiring Authority and appointing Inquiry officer in the disciplinary proceedings against the petitioner for a period of more than 12 years thereby causing prejudice and mental agony to the petitioner as illegal, arbitrary, violation of Principles of Natural Justice and violation of Articles-14 and 21 of the Constitution of India and apart from being violative of G.O.Ms.No.91, issued by GAD, dated 12.09.2022 and pass...."
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing on behalf of the respondents.
3. The petitioner was placed under suspension vide order dated 01.02.2014 in G.O.Rt.No.101 issued by 1st respondent for irregularities in execution of minor irrigation works pertaining to the year 2009-10 and the matter has been entrusted to C.B.C.I.D. vide G.O.Rt.No.355 dated 26.05.2014 and articles of charges in G.O.Rt.No.361 dated 29.05.2014. The written defence was filed on 04.06.2014 and subsequently suspension was revoked vide order dated 10.09.2014. Though lapse of 12 years, the respondents have not concluded the disciplinary proceedings and the petitioner is about to retire on 31.05.2026, on attaining the age of superannuation. Hence, the petitioner has questioned the charge memo for not completing the disciplinary proceedings as timeline stipulated by the Government vide G.O.Ms.No.91 dated 12.09.2022.
4. In reply to the said contention, learned Assistant Government Pleader has placed instructions of the Engineering-in-Chief (Admn.) (FAC), Water Resources Department, Vijayawada, dated 24.02.2026, stating that initiation of disciplinary proceedings and forwarding the written submissions to the Government vide letter dated 14.07.2014 and since then, no further developments have taken place.
5. Considering the submissions and upon perusal of the record, this Court finds that the charges pertained to the year 2014 and, so far, no Enquiry Officer has been appointed in the said case. Even according to the instructions furnished, the respondents have not appointed any Enquiry Officer. In view of the inordinate delay and also considering the age of the petitioner, who is approaching the age of superannuation, this Court is of the opinion that the charges framed against the petitioner in G.O.Rt.No.361 dated 29.05.2014 have not been concluded within the timeline stipulated by the Government. Further, considering the fact that no Enquiry Officer has been appointed till date, the impugned charges are liable to be quashed and are accordingly quashed.
6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications, pending if any, shall stand closed.
__________________________ JUSTICE D.RAMESH Date: 25.02.2026 MKK 71 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.3991 of 2026 Dated: 25.02.2026 MKK