IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11012 OF 2025 Between: B. Uma Shankar, S/o.B Narayana Murthy, Aged about 51 Years, R/o. Flat No.501, 5*^ Floor, Sri Lakshmi Nilayam Apartment , Beside. Murali Mension Apartment, Mahalakshmi Temple street, A.V.Apparao Road, Rajamahendravaram East Godavari District AP, Occ: Assistant Marketing Officer/Marketing Officer FAC/ Sales Promotion Officer, O/o. The Andhra Pradesh State Handloom Weavers Co-operative Society Limited (APCO), (A Govt of AP Undertaking ) Lalacheruvu, Rajahmundry. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary to Government Hand looms and Textiles Department, Industries and Commerce Department, Secretariat, Velagapudi, Amaravathi. The Andhra Pradesh State Handloom Weavers Co-operative Society Limited (APCO), A Govt of A P Undertaking Rep by its Vice Chairman and Managing Director, Office at. 29-11-9/1, Venkateswara Rao Road, Governorpeta, Near Rehaman Park, Vijayawada, NTR District, Andhra Pradesh. The General Manager, The Andhra Pradesh State Handloom Weavers Co-operative Society Limited (APCO) APCO CAO/Officers/Sections Central Office Office at. 29-11-9/1, Venkateswara Rao Road, Governor pet. Near Rehaman Park, Vijayawada, NTR District Andhra Pradesh. The Divisional Marketing Officer, APCO, The Andhra Pradesh State Handloom Weavers Co-operative Society Limited (APCO),Lalacheruvu , Rajahmundry East Godavari District A.P. The Divisional Marketing Officer, APCO, The Andhra Pradesh State Handloom Weavers Co-operative Society Limited (APCO), Vijayawada Division ,Yerrabalem , Mangalagiri Guntur District AP. 2. 3. 4. 5. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the^cifcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned action of the respondents in not concluding the disciplinary proceedings initiated 12.10.2023 on vide RJY/Charges/23, by the 2 explanation on 20.10.2023 and even though the time period allowed to conclude the disciplinary proceedings in the month of November 2023 per Chapter IV Bye law No.48(iv) of The Andhra Pradesh State Handloom Weavers Co-operative Society Limited APCO vide G.O.Ms.No.91 (GAD) dated 12.09.2022 and denying promotion to the post of Marketing Officer (DM0) under the guise of pendency of Disciplinary proceedings and set aside the charge memo on the ground of lapse of time as is illegal, arbitrary. Discriminatory and violative of Articles 14 and 16 of the Constitution of India and consequently declare that the petitioner is entitled to promote Marketing Officer /Divisional Marketing Officer - Category -III being senior at SI.No.1 the date on which the junior was promoted i.e., 15.05.2022 with all consequential benefits such as seniority, pay fixation, arrears of salary etc. Ref No.APCO/CO/Admn.l/BUS, DMO(FAC), respondent even petitioner submitted his nd as as lA No: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to promote the petitioner as Marketing Officer without reference to the pendency of the disciplinary proceedings vide Ref No.APCO/CO/Admn.l/BUS,DMO[FAC], RJY/Charges/23 dated 12.10.2023 as his name was at SI.No.1 in the Seniority list in accordance with G.O.Ms.No.257, General Administration department dated 10.06.1999 and G.O.Ms.No.91 (GAD) dated 12.09.2022 pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI B. PREM KOUSIK FOR SRI G. V. L. MURTHY Counsel for the Respondent No.1: ASST. GP FOR SERVICES I Counsel for the Respondent Nos.2 to 5: SRI B. JAVA PRABHAKARA RAO, SC FOR APCO The Court made the following: ORDER THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.11012 of 2025 ORDER: This writ petition is filed under Article 226 of Constitution of India seeking following relief: to declare the impugned action of the respondents in nbt concluding the disciplinary proceedings initiated on 12.10.2023 No.APCO/CO/Admn.I/BUS, DMO[FAC], RJY/Charges/23, by the 2"^ respondent even petitioner submitted his explanation on 20.10.2023 and even though the time period allowed to conclude the disciplinary proceedings in the month of November 2023 as vide Ref. per Chapter IV Bye law No.48(iv) of The Andhra Pradesh State Handloom Weavers Cooperative Society Limited [APCO] vide G.O.Ms.No.91 (GAD) dated 12.09.2022 and denying promotion to the post of Marketing Officer (DMO) under the guise of pendency of Disciplinary proceedings and set aside the charge memo on the ground of lapse of time as illegal, arbitrary, Discriminatory and violative of Articles 14 and 16 of the Constitution of India and consequently declare that the petitioner is entitled to promote as Marketing Officer/Divisional Marketing Officer- Category - III being senior at SI.No.1 the date on which the junior was promoted i.e., 15.05.2022 with all consequential benefits such as seniority, pay fixation, arrears of salary etc and to pass such other orders.” 2 CGR, J W.R No. 11012 of 2025 2. Heard Sri B.Prem Kousik, learned counsel, representing Sri G.V.L.Murthy, learned counsel for petitioner on record, learned Assistant Government Pleader for Services - I, appearing for 1®* respondent and Sri B.Jaya Prabhakara Rao, learned standing counsel, appearing for respondents 2 to 5. 3. Petitioner was working as Assistant Marketing Officer af Rajahmundry, while so, he was issued charge memo by proceedings Ref.No.APCO/CO/Admn.I/BUS, DMO[FAC], RJY/ Charges/23, dated 12.10.2023, on the allegation that he was not diligent in supervising showrooms and godown, on account of which, there was a huge stock deficits resulting in misappropriation of funds. Petitioner has submitted statement of defense on 20.10.2023 refuting aforesaid allegations and the enquiry is stated to be pending. Petitioner was placed under suspension even before issuance of charge memo on 11.04.2023 and later, he was reinstated into service, however, he was initially posted at Fortgate Showroom and thereafter, transferred to Cuttack Showroom on 11.11.2024 4. Learned counsel for petitioner submits that under the guise of pendency of departmental proceedings, he is not being 3 CGR, J W.P. No. 11012 of 2025 considered for promotion to the post of DMO, which is in violation of the services regulations and as well as G.O.Ms.No.257 General Administration (SER.C) Department, dated 10.06.1999. He further submits that as per bye-laws of the respondent, the enquiry is supposed to be completed within timelines and in particular in terms of G.O.Ms.No.91, General Administration (SER.C) Department, dated 12.09.2022. i % 5. Learned standing counsel appearing for respondents society submits that after revocation of suspension, petitioner was initially posted at Fortgate Showroom and later transferred to Cuttack Showroom on 11.11.2024 and thereafter, petitioner has not jointed at said station and is not cooperating with on going disciplinary proceedings, in view of the same, they could not conclude enquiry as per guidelines indicated above and he would submit that at any rate now they would conclude the enquiry within timelines. In view of aforesaid submission, this writ petition is 6. disposed of directing respondents to conclude the disciplinary proceedings within a period of two months from the date of receipt of copy of this order and in case the enquiry is not 4 CGR, J W.P. No. 11012 of 2025 concluded within the aforesaid period, the respondents shall consider the case of petitioner for promotion in terms of G.O.Ms.No.257, dated 10.06.1999. No costs. As a sequel, interlocutory applications pending consideration, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary to Government Hand looms and Textiles Department, Industries and Commerce Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. The Vice Chairman and Managing Director, Andhra Pradesh State Handloom Weavers Co-operative Society Limited (APCO) A Govt of A P Undertaking, Office at. 29-11-9/1, Venkateswara Rao Road, Governorpeta, Near Rehaman Park, Vijayawada, NTR District Andhra Pradesh. The General Manager, The Andhra Pradesh State Handloom Weavers Co-operative Society Limited (APCO) APCO CAO/Officers/Sections Central Office Office at. 29-11-9/1, Venkateswara Rao Road, Governor pet. Near Rehaman Park, Vijayawada, NTR District Andhra Pradesh. The Divisional Marketing Officer, APCO, The Andhra Pradesh State Handloom Weavers Co-operative Society Limited (APCO),Lalacheruvu Rajahmundry East Godavari District A.P. The Divisional Marketing Officer, APCO, The Andhra Pradesh State Handloom Weavers Co-operative Society Limited (APCO), Vijayawada Division ,Yerrabalem , Mangalagiri Guntur District, AP. CC to Sri G. V. L. Murthy, Advocate [OPUC] 7. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] 8. One CC to Sri B. Jaya Prabhakara Rao, SC for APCO (OPUC) 9. Three C.D. Copies. 2. 3. 4. 5. Cnr HIGH COURT DATED:20/06/2025 ORDER WP.No.11012of 2025 DISPOSING OF THE W.P. WITHOUT COSTS