APHC010150262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7753/2025 Between: T V Krishna Kumari ...PETITIONER AND The State Of AP and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. T S N SUDHAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES I 2 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…to issue an appropriate order or directions more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents not considering for promotion to the post of Divisional Development Officer/Deputy Chief Executive Officer without reference to the Charge Memo vide Charge Memo No.1656752/CPR & RD/A3/2022 dated 28.03.2022 issued by the 2nd respondent as highly illegal, arbitrary, unjust, discrimination, unconstitutional and violation of Article 14 and 16 and 21 of the Constitution of India and contrary to the orders of this Hon'ble Court and consequentially direct the respondents to promote the petitioner as Divisional Development Officer/Deputy Chief Executive Officer with all consequential benefits and pass such other order or orders.…” 2. The petitioner has been issued charge memo No.1656752/ CPR & RD/A3/2022, dated 28.03.2022, alleging that while working as Mandal Parishad Development Officer, she has disbursed payments to various beneficiaries without obtaining prior permission from competent authority and thereby violated the guidelines issued under the scheme, for which the amounts were sanctioned. The aforesaid incident related to the period of 2016 and 2017. In pursuant to charge memo, the petitioner submitted explanation on 17.10.2022. Later, Inquiry Officer came to be appointed on 01.02.2023 and the matter is pending consideration before the said Officer. The petitioner is stated to be eligible and qualified for promotion to the post of Divisional Development Officer/Deputy Chief Executive Officer. However, in view of pendency of disciplinary proceedings, her case is not being considered. Similarly situated 3 persons, since they were not considered for promotion, filed W.P.No.3607 of 2023, which came to be disposed of by an order dated 21.02.2023 directing the respondents to consider the case of the petitioners therein for promotion without reference to charge memo. In pursuant to the same, respondents have promoted those persons by issuing G.O.Rt.No.422, Panchayat Raj & Rural Development (Estt.V) Department, dated 30.07.2024, the petitioner also entitled for same benefit. 3. Heard Sri T.S.N.Sudhakar, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 4. Admittedly, charge memo came to be issued vide proceedings dated 28.03.2022, based on certain allegations which related to the period of 2016 and 2017. The Inquiry Officer, who was appointed to inquire into these allegations, is seized of the matter. Since the proceedings are not concluded so far, and that persons, who are juniors to petitioner are considered for promotion, mere pendency of aforesaid proceedings could not prejudice petitioner prospects for promotion. 5. Learned counsel for the petitioner relies on the order of the Division Bench of High Court of Judicature, Andhra Pradesh at Hyderabad, in Government of A.P., represented by its Principal 4 Secretary, Revenue Department, and another Vs. A.Rajeswara Reddy1, wherein the Court dealt with a similar case and held that according to G.O.Ms.No.679 dated 01.11.2008, the departmental proceedings have to be completed within 6 months, in complicated cases and 3 months in simple cases, promotions of the candidates cannot be deferred on the ground that in cases where departmental proceedings are pending beyond that period. 6. Hence, in view of the above, the present Writ Petition is disposed of, directing the respondents to consider the case of the petitioner for promotion without reference to the charge memo pending against her. It is, however, made clear that the promotion would be subject to the result of the inquiry. The respondents are also directed to complete the inquiry as expeditiously as possible, preferably within a period of six (06) months from today. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 27.03.2025 KBN 1 2010 (4) ALT 374 (D.B.) 5 161 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7753/2025 Date: 27.03.2025 KBN