Andhra Pradesh High Court - Amravati
The State Of Andhra Pradesh, vs Sri. Ch.Gopala Krishna, on 29 September, 2021
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
WRIT APPEAL No.610 of 2021
(Through video conferencing)
The State of Andhra Pradesh,
Rep. by its Principal Secretary,
Revenue (Excise) 4th Block, Ground Floor,
Room No.134, A.P. Secretariat,
Velagapudi, Amaravathi,
Guntur District and another. ... Appellants
Versus
Sri Ch. Gopala Krishna,
S/o.Ch.Venkateswara Rao,
Retired Deputy Commissioner of Prohibition and Excise,
Government of Andhra Pradesh,
R/o.Villa No.218,
Richmond Villas, Bandlaguda, Sun City,
Hyderabad & another. ... Respondents
Counsel for the Appellants : Mr. Y.N.Vivekananda, G.P.
for Additional Advocate General-II
Counsel for respondent No.1 : Mr. Motupalli Vijaya Kumar, for
Mr.Ramalingeswara Rao Kocharla Kota
JUDGMENT (ORAL)
Dt: 29.09.2021
(per Arup Kumar Goswami, CJ)
Heard Mr. Y. N. Vivekananda, learned Government Pleader
attached to the office of the Additional Advocate General-II, appearing for
the appellants. Also heard Mr. Motupalli Vijaya Kumar, learned counsel
representing Mr. Ramalingeswara Rao Kocharla Kota, learned counsel for
respondent No.1/writ petitioner.
2. This Writ Appeal is directed against the judgment and order dated
11.12.2020 passed by the learned single Judge in W.P.No.17177 of 2020.
3. Learned counsel for the parties submits that this appeal is squarely
covered by the common order dated 16.09.2021 passed in W.A.No.456 of
2021 and batch.
4. By the order under challenge, the learned single Judge disposed of
the writ petition with a direction to the respondents therein to complete
enquiry and pass orders in TEC.Nos.129 and 174 of 2013 within a period
of three months from the date of receipt of a copy of the order, failing
which, it was indicated that the disciplinary proceedings shall stand
quashed.
5. The petitioner had retired from service on 28.02.2018. While he
was in service, a charge memo dated 21.06.2017 was issued to him by
the Tribunal for Disciplinary Proceedings (for short, 'the Tribunal'),
Hyderabad, in Tribunal Enquiry Case No.129 of 2013 alleging that during
the period from 03.05.2010 to 03.07.2012, he, actuated by corrupt motive
and in abuse of his official position, had received bribes/mamools from Sri
Siva Sai Syndicate leader Marri Subba Reddy and other and allowed
various irregularities in respect of certain wine shops. He was also issued
another charge memo dated 27.11.2017 in Tribunal Enquiry Case No.174
of 2013 alleging that during the period from 03.05.2010 to 03.07.2012,
he, actuated by corrupt motive and in abuse of his official position, had
received bribes/mamools from the liquor syndicate leader Nallabothu
Srinivasa Rao and allowed various irregularities in respect of certain wine
shops.
6. There was no progress in disciplinary proceedings and, in such
circumstances, the writ petition came to be filed.
7. It is not the case of the appellants that the delay in concluding the
disciplinary proceedings was due to non-cooperation of the writ petitioner.
8. Even after retirement of the writ petitioner from service, no steps
were taken to conclude the disciplinary proceedings.
9. In the above background, we do not find any good ground to
interfere with the order of the learned single Judge, and accordingly, the
Writ Appeal is dismissed. Pending miscellaneous applications, if any, shall
stand closed.
ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J
HS
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
WRIT APPEAL No.610 of 2021
(per Arup Kumar Goswami, CJ)
Dt: 29.09.2021
HS
