APHC010229482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY ,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11943/2025 Between: K. Jawahar Kumar, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. CHILAMKURTHI SATYA DEV NAIDU Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.11943 of 2025 ORDER: This writ petition is filed under Article 226 of Constitution of India seeking following relief: “to declare the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Superintending Engineer on mere pendency of Charge Memo vide G.O.Rt.No.215, Panchayat Raj and Rural Development (Vig.VI) Department, dated 27.03.2025 (incident pertaining to the year 2013-2015), issued by the 1st respondent, denial of promotion is illegal, arbitrary, whimsical and in violation of Principles of Natural Justice and Consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Superintending Engineer without reference to the pending Charge Memo vide G.O.Rt.No.215, Panchayat Raj and Rural Development (Vig.VI) Department, dated 27.03.2025 on the same anology of orders passed by this Hon’ble Court in W.P.No.8267 of 2025, dated 04.04.2025 and to pass such other order.” 2. Heard Sri Ch.Satya Dev Naidu, learned counsel for petitioner and learned Assistant Government Pleaders for Services – I & II appearing for respondents.. 2 CGR, J W.P. No.11943 of 2025 3. Petitioner while working as Executive Engineer has been issued charge memo vide G.O.Rt.No.215, Panchayat Raj & Rural Development (Vig.VI) Department, dated 27.03.2025, alleging that while he was discharging duties as Deputy Executive Engineer at Paderu Sub-Division has recommended for payments and processing of bills despite inferior quality of the works causing financial loss to the Government exchequer. Petitioner later submitted objections on 03.04.2025 refuting aforesaid allegations. As his case was not being considered for promotion to the next post of Superintending Engineer, on account of pendency of aforesaid departmental proceedings, he preferred present writ petition. 4. Learned counsel for petitioner submits that petitioner has attained age of superannuation on 31.05.2025, in view of the said development, the prayer with respect to promotion may not require further adjudication, however, as the departmental proceedings are pending, unless the same are concluded, his retiremental benefits may not be released. He would submit that in view of G.O.Ms.No.679, General Administration (Services – C) Department, dated 01.11.2008 and G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022, the enquiry 3 CGR, J W.P. No.11943 of 2025 is supposed to be completed within three months in simple cases and six months in complicated cases, therefore, he prays to issue appropriate directions to conclude the enquiry in terms of the time lines proscribed under aforesaid G.Os. 5. Learned Assistant Government Pleader appearing for respondents on the other hand submits that the enquiry is going on and that the time lines specified in G.O.Ms.No.679, General Administration (Services – C) Department, dated 01.11.2008 and G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022, would be adhered to. 6. In view of aforesaid submissions, this writ petition is disposed of directing respondents to conclude the disciplinary proceedings pending against the petitioner, in terms of G.O.Ms. No.679, General Administration (Services–C) Department, dated 01.11.2008 and G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022, within a period of three months from the date of receipt of copy of this order. Failing which, the respondents are directed to settle the retiremental benefits, however, subject to outcome of the departmental enquiry. No costs. 4 CGR, J W.P. No.11943 of 2025 As a sequel, interlocutory applications pending consideration, if any, shall stand closed. _______________________ CHALLA GUNARANJAN, J 16.06.2025 SS