APHC010210492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY ,THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10534/2025 Between: T Chandrasekhar Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. RANGARAJULA RAJASEKHARA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…pleased to issue a Writ order or direction particulalry one in the nature of Writ of Mandamus to declare the action of the 1st Respondent in continuing the disciplinary proceedings issued in G.O.Rt No 784 , MA and UD (Vig.III) Dept dated 20.10.2022 is totally illegal arbitrary irrational and void being contrary to the orders of the 2 HCGR, J W.P.No.10534 of 2025 Government for conclusion of disciplinary proceedings for stipulted time in G.O.Ms No.670 dated 01.11.2008 and as well as G.O.Ms No.91 dated 12.09.2022 and set aside the same and consequently direct respondents to consider the case of the Petitioner for promotion as Executive Engineer with all consequential benefits and to pass…” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. Petitioner, while working as Deputy Executive Engineer, alleged to have been indulged in certain irregularities constituting misconduct, was issued charge memo vide G.O.Rt.No.784, Municipal Administration & Urban Development (Vig.III) Department, dated 20.10.2022, setting out sole Article of Charge. Petitioner after submitting explanation, Inquiry Officer has submitted report holding that charge leveled against the petitioner was not proved. In view of pendency of these departmental proceedings, petitioner is not being considered for promotion to the post of Executive Engineer. 4. Learned counsel for the petitioner submits that in view of pendency of ongoing departmental proceedings, which otherwise ought to have been completed in three months in simple cases and in complicated cases within six months, as per the timeframe fixed in G.O.Ms.No.679, General Administration (Services–C) Department dated 01.11.2008, and in view of inordinate delay, petitioner is deprived for promotion. Besides, he also contended that co-charged 3 HCGR, J W.P.No.10534 of 2025 officers namely Sri Ch. Obulesu and Sri B.Venugopal, were promoted as Executive Engineer on ad-hoc basis vide G.O.Ms.No.21, Municipal Administration & Urban Development (A) Department, dated 03.02.2023, petitioner also claims parity with the same, as otherwise the same amounts to discrimination. 5. Learned Assistant Government Pleader appearing for respondents does not refute the aspect that co-charged officers were granted ad-hoc promotions, as Executive Engineer. However, he contends that the ongoing inquiry will be completed within reasonable time, in terms of timelines prescribed by the Government in G.O.Ms.No.679, General Administration (Services–C) Department dated 01.11.2008, and in G.O.Ms.No.91 General Administration (Service.C) Department, dated 12.09.2022. 6. Having considered the fact that, in the present case, though the charge memo was issued way back on 20.10.2022, timelines have not been adhered to. For no fault of the petitioner, he cannot be deprived of consideration for promotion, if he is otherwise eligible. That apart when co-charged officers were granted ad-hoc promotions, petitioner also would be entitled to be considered same benefit. 4 HCGR, J W.P.No.10534 of 2025 7. In view of the above observations, the respondents are directed to consider the case of the petitioner for promotion to the post of Executive Engineer, without reference to disciplinary proceedings in pursuance of charge memo vide G.O.Rt.No.789, Municipal Administration & Urban Development (Vig.III) Department, dated 20.10.2022. It is further directed that the respondents shall complete the pending inquiry within a period of three (03) months from the date of receipt of a copy of this order. 8. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 25.04.2025 RSD 5 HCGR, J W.P.No.10534 of 2025 120 THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.10534 of 2025 Date: 25.04.2025 RSD