D.NAGARAJU Vs. STATE OF A.P.

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:-

(2.) Heard Sri A.Rajendra Babu, learned counsel for the petitioner, learned Assistant Government Pleader for Services-I for respondent Nos.1 and 2 and Sri A.S.C.Bose, learned Standing Counsel for respondent No.3.

(3.) The petitioner while working as Bill Collector, was subjected to disciplinary action, along with twelve other employees working with the 3rd respondent, by G.O.Rt.No.409, Municipal Administration and Urban Development (Vig.II.1) Department, dtd. 3/5/2018. Articles of Charges were issued by G.O.Rt.No.419, Municipal Administration and Urban Development (Vig.II.1) Department, dtd. 3/5/2018. The petitioner was charged with three charges, for which he submitted explanation. Inquiry officer was appointed to look into the charges, who submitted a report dtd. 17/8/2022 to the 1st respondent holding that the charges framed against the petitioner were not proved. However, the 1st respondent by memo dtd. 24/3/2023, while communicating the copy of inquiry report, directed the petitioner to submit explanation within fifteen days on findings of the inquiry officer. The petitioner has not submitted any explanation, as the articles of charges framed against him were found to be not proved under the inquiry report. Later, the petitioner submitted representation dtd. 8/5/2023 requesting the 1st respondent to accept the findings of the inquiry authority and to drop further action against him. However, there is no response or any action taken. The 3rd respondent by circular dtd. 6/9/2024, prepared provisional seniority list of Junior Office Assistants and Typists for the panel year 2024-2025 and requested to submit objections, if any. Due to pendency of departmental proceedings, the petitioner prospects in seniority would be affected. Aggrieved by the action of the 1st respondent in not concluding the disciplinary proceedings, the present writ petition is preferred.