APHC010253602025 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.13485 of 2025 Between: N. Dilshad ...PETITIONER AND State of Andhra Pradesh and another ...RESPONDENT(S) Counsel for the Petitioner: 1. RANGARAJULA RAJASEKHAR RAO Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: 2 CGR,J W.P.No.13485 of 2025 O R D E R: 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, to declare the action of the 1st Respondent in continuing the disciplinary proceedings issued in G.O.Rt.No.793, MA & UD (Vig.III) Dept., dated 20.10.2022 for a long time is totally illegal, arbitrary, irrational and void being contrary to the orders of the Hon’ble Apex Court and set aside the same and consequently direct respondents to consider the case of the Petitioner for promotion as Deputy Executive Engineer with all consequential benefits, as otherwise the petitioner will be put to heavy and irreparable loss and to pass such other order or orders...” 2. Heard Sri R. Rajasekhar Rao, learned counsel for petitioner, and learned Government Pleader for Services-IV for respondents. 3. Petitioner is working as Assistant Engineer and in terms of the seniority list pertaining to Zone-IV, she stands at Sl.No.6. Common enquiry came to be instituted against petitioner and other fifteen officers vide G.O.Rt.No.779 dated 20.10.2022, which relates to the incident of the year 2014-15. Consequently, petitioner was also issued charge memo vide G.O.Rt.No.793 dated 20.10.2022. In the Article of Charge, it is stated that the petitioner has committed irregularities in estimation and execution of certain works, thereby contravened service conditions and rendered herself liable for departmental action. Petitioner submitted explanation refuting the 3 CGR,J W.P.No.13485 of 2025 said allegations. Thereafter, Inquiry Officer submitted report on 06.12.2024, holding that the charge levelled against the petitioner was not proved. However, the Government issued Memo No.470739/Vig.III/2021 dated 12.03.2025, expressing disagreement with the aforesaid report, and proposed to proceed with the disciplinary proceedings. Petitioner was, therefore, called upon to submit explanation on such disagreement. Petitioner is in the process of submitting explanation to the same. Petitioner claims to be entitled and falling within the zone of consideration for promotion to the post of Deputy Executive Engineer, however, in view of pendency of departmental proceedings, her case is not being considered for promotion to the said post. 4. Learned counsel for petitioner submits that in view of pendency of ongoing departmental proceedings, which otherwise ought to have been completed within three months in simple cases and six months in complicated cases, as per the timeframe fixed 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, and in view of inordinate delay, petitioner is deprived for promotion. Besides, he also contended that co-charged 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 4 CGR,J W.P.No.13485 of 2025 Development (A) Department, dated 03.02.2023, and G.O.Rt.No.313, Municipal Administration & Urban Development (C1) Department, dated 16.04.2025, petitioner also claims parity with them, 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, she cannot be deprived of consideration for promotion, if she is otherwise eligible. That apart, when co-charged officers were granted ad-hoc promotions, petitioner also would be entitled to be considered same benefit. 7. In view of the above observations, the respondents are directed to consider the case of the petitioner for promotion to the post of Deputy Executive Engineer, without reference to disciplinary 5 CGR,J W.P.No.13485 of 2025 proceedings in pursuance of charge memo vide G.O.Rt.No.793, 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: 16.06.2025 Note:- Issue CC in three days. (B/o) IBL 6 CGR,J W.P.No.13485 of 2025 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.13485 of 2025 Dt: 16.06.2025 IBL