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2025 DIGILAW 823 (AP)

P. v. Satyanarayana, S/o. Late Sitarama Swamy VS State of Andhra Pradesh, represented by its Special Chief Secretary, Department of Animal Husbandry

2025-07-04

CHALLA GUNARANJAN

body2025
ORDER : CHALLA GUNARANJAN, J. Heard Smt.M.Vidyavathi, learned counsel for petitioner and learned Assistant Government Pleader for Services-I appearing for respondents. 2. Present writ petition is filed questioning the action of respondents in not taking steps for deleting/discharging petitioner’s name from the disciplinary proceedings initiated, and for processing of pensionary and retiremental benefits to be illegal and arbitrary. 3. Petitioner retired from service on 31.10.2024 as Deputy Director of Fisheries. He has now been issued charge memo vide G.O.Ms.No.10, Animal Husbandry, Dairy Dev. & Fisheries (Dy. & VIG.) Department, dated 26.03.2025, setting out article of charge that he, while working as Joint Director of Fisheries at Kakinada, failed to discharge legitimate duties to get bank statements and reconcile the amount, which ultimately led to misappropriation of funds, Petitioner submitted statement of defense on 23.04.2025 refuting aforesaid charges. 4. Learned counsel for petitioner submits that in the process of investigation in Crime No. 122 of 2021, which has been CGR, J W.R No.15674 of 2025 instituted by petitioner himself as Joint Director of Fisheries, the investigating agency has in the course of investigation having examined witnesses and collected documents with specimen signatures, found that the signatures on the cheques, which alleged to have been misused, were not that of petitioner herein. therefore, as petitioner cannot be said to have be responsible or had any role in misappropriation of funds, therefore, sought to delete/discharge him from on going disciplinary proceedings. 5. Learned Assistant Government Pleader, on the other hand has placed on record written instructions dated 02.07.2025 stating that with respect to the incident that has occurred, besides criminal proceedings, disciplinary proceedings have been initiated against officers involved, as such, charge memo has been issued against petitioner on 26.03.2025 and enquiry is going on. He further stated that the enquiry would be concluded within timelines as provided under G.O.Ms.No.679, General Administration (Services-C) Department, dated 01.11.2008 and G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022. 6. He further stated that the enquiry would be concluded within timelines as provided under G.O.Ms.No.679, General Administration (Services-C) Department, dated 01.11.2008 and G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022. 6. Perusal of record goes to show that petitioner though seems to have given complaint, basing on which crime No. 122 of 2021 came to be registered, which is pending investigation and in CGR, J W.P. No.15674 of 2025 the process, certain material has been gathered and also the investigating agency has progressed in ascertaining the signatures on the cheques which alleged to have been used for misappropriation to be not that of petitioner, as disciplinary proceedings are initiated by issuing charge memo dated 26.03.2025, this Court cannot at this stage enter into the merits and assess the case. As petitioner has already submitted statement of defense on 23.04.2025, this Court deems it fit to direct expeditious conclusion of the enquiry. 7. In view of the same, this writ petition is disposed of by directing respondents to conclude the disciplinary proceedings within three months in terms of in terms of G.O.Ms. No.679, General Administration (Services-C) Department, dated 01.11.2008 and G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022. No costs. As a sequel, interlocutory applications pending consideration, if any, shall stand closed.