APHC010207952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10496/2025 Between: Nallabothula Surekha ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. BALAJI MEDAMALLI Counsel for the Respondent(S): 1. GP FOR SERVICES I 2 HCGR, J W.P.No.10496 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 a writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not considering the case of the petitioner for promotion to the post of Joint Deputy Director of Town and Country Planning without reference to the pending disciplinary proceedings initiated under G.O.Rt.No.491, dated 07.08.2023, G.O.Rt.No.633, dated 13.09.2023, G.O.Rt.No.24, dated 08.01.2024, as highly arbitrary, illegal, unjust, against the principles of natural justice, violative of fundamental rights and contrary to G.O.Ms.No.679, GAD, dated 01.11.2008 and G.O.Ms.No.257, dated 10.06.1999 and consequently to direct the respondent authorities to promote the petitioner to the post of Joint Director of Town and Country Planning without reference to the above said pending charge memos and to pass such other order or orders…” 2. Heard Sri Balaji Medamalli, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. Petitioner, while working as Assistant City Planner in Guntur and Ongole Municipal Corporations, on allegations of certain irregularities, was issued charge memos vide G.O.Rt.No.491, MA & UD (Vig.II) Department, dated 07.08.2023, G.O.Rt.No.633, MA & UD (Vig.III) Department, dated 13.09.2023 and G.O.Rt.No.24, MA & UD (Vig.II) Department, dated 08.01.2024, setting out Articles of Charges. Petitioner has submitted explanations on 12.02.2024, 3 HCGR, J W.P.No.10496 of 2025 16.03.2024 and 16.03.2024, respectively. The incidents, on which charges are leveled, are stated to be of the period 2006 and 2019. The inquiry is going on and is yet to be concluded. Petitioner is stated to be eligible and entitled for promotion to the post of Joint Director, Town and Country Planning. In view of pendency of aforesaid disciplinary proceedings, petitioner’s case is not being considered for said promotion. 4. Learned counsel for the petitioner submits as per 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, disciplinary proceedings are supposed to be concluded within a maximum period of six months, even if it is a complex case. However, instead of petitioner submitted explanations, there is no further progress in the inquiry. On the pretext of pendency of aforesaid disciplinary proceedings, petitioner cannot be denied the opportunity of being considered for promotion and in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, his case is required to be considered. He further place reliance on the order passed by the Coordinate Bench of this Court in W.P.No.27549 of 2023, dated 18.10.2023. 4 HCGR, J W.P.No.10496 of 2025 5. Learned Assistant Government Pleader does not refute the aforesaid submissions. 6. In view of the above submissions, without touch the merits of the matter, the Writ Petition is disposed of at the admission stage, directing the respondents to consider the case of the petitioner for promotion to the post of Joint Director, Town and Country Planning, without reference to the pending disciplinary proceedings initiated under G.O.Rt.No.491, MA & UD (Vig.II) Department, dated 07.08.2023, G.O.Rt.No.633, MA & UD (Vig.III) Department, dated 13.09.2023 and G.O.Rt.No.24, MA & UD (Vig.II) Department, dated 08.01.2024, in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 and pass appropriate orders within a period of six (06) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 24.04.2025 KBN