B. Venkateswarulu vs The State Of Andhra Pradesh
2021 Latest Caselaw 1832 AP

               HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI

                        Writ Petition No.8361 of 2021

ORDER:

This writ petition is filed to 'declare the action of the respondents

in not concluding the disciplinary proceedings initiated vide Tribunal

Enquiry Case (TEC) No.597 of 2013, as illegal and arbitrary and violation

of instructions issued in G.O.Ms.No.679 GA (Ser.C) Department dated

01.11.2008 and consequently to set aside the proceedings in TEC No.597

of 2013 dated 28.09.2018.'

Case of the petitioner is that, when he was working as Prohibition &

Excise Inspector during December 2011 and January 2012, raids were

conducted by the ACB Personnel on almost all the liquor shops in the

combined State of Andhra Pradesh and FIRs were registered against

several officers of the Prohibition & Excise Department; in the case of

the petitioner, the 2nd respondent has issued a charge memo dated

06.10.2015 and some issues were also referred to Tribunal for

Disciplinary proceedings (TDP) vide TEC No.597 of 2013; disciplinary case

initiated by the department resulted in imposing a punishment of

stoppage of two increments without cumulative effect; challenging the

same, petitioner filed WP No.20218 of 2020, which is pending; even in

the case of TEC No.597 of 2013, no progress has taken place for nearly

five years; finally a charge was framed on 28.09.2018, directing the

petitioner to appear on 01.11.2018; accordingly, petitioner appeared

before the Tribunal and pleaded not guilty; conducting enquiries with

inordinate delay has been deprecated by the Apex Court in 'P.V.

Mahadevan vs. Tamil Nadu Housing Board1', which was also followed by

various High Courts, wherein it was held that 'delay in conducting and

(2005) 6 SCC 363

concluding the departmental enquiries is arbitrary and illegal. The said

judgment was followed by the Apex Court in 'Secretary, Ministry of

Defence vs. Prabhash Chandra Mirdha2'; even though seven years have

elapsed, the respondents are not taking steps to conclude the

departmental proceedings; the respondents ought to have concluded the

same within six months in view of G.O.Ms.No.679, GA (Ser.C)

Department dated 01.11.2008. Hence, the present writ petition.

Sri Vijaya Kumar Motupalli, learned counsel for the petitioner

submits that in similar facts and circumstances of the case, this Court in

WP No.17867 of 2019 dated 12.11.2019, WP No.7227 of 2020 dated

17.03.2020, in WP No.14465 of 2020 dated 07.09.2020, in WP No.19335

of 2020 dated 21.10.2020 and WP No.24960 of 2020 dated 24.12.2020, a

direction was given to the respondents to conclude the enquiry within a

period of three months from the date of receipt of a copy of the order,

failing which, the enquiry shall stand closed and the charge memo shall

stand quashed. Learned Government Pleader appearing for the

respondents does not dispute the same.

In the facts and circumstances of the case, the respondents are

directed to conclude the proceedings under Tribunal Enquiry Case (TEC)

No.597 of 2013 within a period of three (3) months from the date of

receipt of a copy of this order, failing which, the enquiry shall stand

closed and the charge memo shall stand quashed.

The writ petition is accordingly, disposed of. No order as to

costs. Consequently, miscellaneous petitions, if any pending, in this

writ petition, shall stand closed.

________________________ KONGARA VIJAYA LAKSHMI, J Date: 19.04.2021 BSS

(2012) 11 SCC 565

HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

Writ Petition No.8361 of 2021

Date: 19.04.2021

BSS