IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10375 OF 2025 Between: P Isaiah, S/o. P. Veeraiah (late). Aged 55 years, Occ; Deputy Executive Engineer, Ongole Municipal Corporation, Prakasam District. ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, At Amaravathi, Guntur District. 2. The Engineer-In-Chief, State of A.P, Public Health Department, Tadepalli, Guntur District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order or directions more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents particularly the 2 Memo. No. 1199/F4(2)/2024 dated. 28.03.2025 not considered the petitioner claim for promotion to the post of Executive Engineer without reference to the charge memos vide G.O.Rt.No. 487 Municipal Administration and Urban Development (Vig.ll) Department dated 14.07.2022 and G.O.Rt.No. 69 Municipal Administration and Urban Development (Vig.ll) Department dated 07.02.2023 as highly illegal, arbitrary, unjust, discrimination and contrary to service rules apart from violation of article 14, 16 and 21 of the Constitution and contrary to the orders of this Hon'ble Court and consequentially direct the respondents to nd respondent issued the impugned promote the petitioner as Executive Engineer without reference to charge memos with all consequential benefits. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the petitioner claim for promotion to the post of Executive Engineer without reference to charge Memos dated. 14.07.2022 and 07.02.2023 by suspend the impugned Memo.No.1199/F4(2V^024 dated. 28.03.2025 pending disposal of the above writ petition. Counsel for the Petitioner: SRI T S N SUDHAKAR Counsel for the Respondents: GP FOR SERVICES -1 The Court made the following order: ^' / APHC010202082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ I [3506] IT 1 .v- THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10375/2025 Between: ...PETITIONER P Isaiah AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.TS N SUDHAKAR Counsel for the Respondent{S): 1.GP FOR SERVICES I 2 HCGR, J W.P.No.10375 of 2025 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 particularly the 2 respondent Memo.No.1199/F4(2)/2024 considered the petitioner claim for promotion to the post of Executive Engineer without reference to the charge memos vide G.O.Rt.No.487, Municipal Administration and Urban Development 14.07.2022 and G.O.Rt.No.69, Municipal Administration and Urban Development (Vig.ll) Department, dated 07.02.2023 as highly illegal, arbitrary nd issued the impugned dated.28.03.2025 not (Vig.ll) Department, dated unjust, discrimination and contrary to service rules apart from violation of article 14, 16 and 21 of the Constitution and contrary to the orders of this Hon'ble Court and consequentially direct the respondents to promote the petitioner as Executive Engineer without reference to charge memos with all consequential benefits and pass such other order or orders...” 2. Heard Sri T.S.N.Sudhakar, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. Petitioner, while working as Deputy Executive Engineer, on allegation of certain irregularities in executing civil works, was issued charge memo vide G.O.Rt.No.487, Municipal Administration & Urban Development (Vig.ll) Department, dated 14.07.2022, setting out three articles of charges, for which petitioner has submitted explanation refuting the same. The Inquiry Officer appointed to 3 HCGR, J W.P. No. 10375 of 2025 conduct inquiry, has submitted report dated 27.06.2024 holding that all the three charges were not proved. On receiving the said report, the respondent has issued Memo No.1455372A/ig.ll/2021/A2, dated 20.02.2025, by enclosing copy of the same and called the petitioner to submit explanation. The said memo records that the Government has accepted the findings of Inquiry Officer. Petitioner has submitted representation dated 19.03.2025, to drop the inquiry. Besides that, petitioner was also issued yet another charge vide G.O.Rt.No.69, Municipal Administration & Urban Development (Vig.ll) Department, dated 07.02.2023, alleging that he indulged certain irregularities during the period 2017-2019, while executing civil works. Petitioner submitted explanation on 01.04.2023 refuting the same, however, the inquiry is not proceeded and is pending as of now. upon memo in Earlier, petitioner filed \/V.P.No.28775 of 2024 before this Court, as his case was not considered for promotion to the post of Executive Engineer, by order dated 06.12.2024 the disposed of directing the respondents to consider the case of petitioner for effecting promotion in terms of G.O.Ms.No.257, General Administration (Services-C) Department, dated 10.06.1999. Now, by impugned Memo No.1199/E4(2)/2024, dated 28.03.2025, 4. same was HCGR, J W.P.No.10375 of 2025 passed by the 2"^ respondent, request of the petitioner came to be rejected by passing speaking order. 5. Learned counsel for the petitioner submits that inquiry with respect to first charge memo has resulted that the charges not being proved, as per the report of Inquiry Officer, which came to be accepted by 1®* respondent, the proceedings are formally be dropped. In so far as, second charge memo is concerned, though petitioner has submitted explanation to the charges leveled against him, which related to the period of 2017-2019, inquiry has not been concluded so far. For the delay in concluding the inquiry, petitioner cannot be deprived for promotion to the post of Executive Engineer. 6. Further he also submits that with respect to same cadre of personnel, in pursuance to the directions issued by this Court to consider their cases for promotion in terms of G.O.Ms.No.257, General Administration (Services-C) Department, dated 10.06.1999, have issued G.O.Rt.No.585, Administration & Urban Development (Cl) Department 04.09.2023, considering their cases for promotion to the post of Executive Engineer, without reference to the charge th©(efore, claims parity with them and \ petitioners case thereby amounts to discrimination. the respondents Municipal dated memos and non-consideration of 5 HCGR, J W.P.No.l0375of2025 7 Learned Assistant Government Pleader, on the other hand, submits that the inquiry against petitioner in so far as first charge is still not concluded, as the Government has to pass appropriate orders considering the inquiry report, though the inquiry report found that petitioner was not involved in the charges leveled against him and in so far as second charge memo is concerned, inquiry is going on and that they would complete the same, within a reasonable period. 8. Having regard to the aforesaid submissions and considering that the Government has come up with G.O.Ms.No.679, General Administration (Services-C) Department dated 01.11.2008, and G.O.Ms.No.91 General Administration (Service.C) Department, dated 12.09.2022, which stipulate timeframe for conclusion of departmental proceedings, by providing that in case of simple cases timeframe of three months and in case of complex cases timeframe of six months. Considering the fact that in the present case, though charge memos were issued way back on 14.07.2022 and 07.02.2023, timelines have not been adhered to. For no fault of petitioner, he cannot be deprived for consideration of promotion, if he is otherwise eligible. 6 HCGR, J W.P.No.10375 of 2025 Impugned rejection speaking order passed by the 2 respondent, except for reference to pendency of disciplinary proceedings in pursuance to charge memos 1 and 2, does not objectively consider the case of petitioner, as to why he is not eligible for promotion. While so, when respondents have considered for promotion in respect of other candidates, who were also facing disciplinary proceedings and granted promotion to the post of Executive Engineer, without reference to pending disciplinary proceedings, the respondents are not justified in exempting the petitioner. 9. nd In view of the above observations, the respondents directed to consider the case of petitioner for promotion to the post of Executive Engineer, as and when promotions are affected, without reference to disciplinary proceedings in pursuance to G.O.Rt.No.487, Municipal Administration & Urban Development (Vig.ll) Department, dated 14.07.2022 and G.O.Rt.No.69, Municipal Administration & Urban Development (Vig.ll) Department, dated 07.02.2023. It is further directed that respondents shall complete the inquiry, with respect to both charge memos, within a period of three (03) months from the date of receipt of a copy of this order. 10. are 7 HCGR, J W.P.No.10375 of 2025 With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. 11. As a sequel, miscellaneous petitions, pending if any, shall stand closed. \ SD/-K l<ASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// FFICER SE To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, At Amaravathi, Guntur District. 2. The Engineer-In-Chief, State of A.P, Public Health Department, Tadepalli, Guntur District. 3. One CC to Sri T S N Sudhakar, Advocate [OPUC] 4. Two CCs to GP for Services -1, High Court of Andhra Pradesh. [OUT] 5. Two CD Copies RAM HIGH COURT DATED:24/04/2025 ORDER WP.No.10375 of 2025 DISPOSING OF THE WP WITHOUT COSTS