IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI- (Special Original Jurisdiction)^^" THURSDAY, THE NINETEENTH DAY OF JUNE*,' TWO THOUSAND AND TWENTY FIVE V' PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJANw WRIT PETITION NO: 14502 OF 2025 ■ Between: K. Sridhar, S/o. K.Rama Krishna Age 59 years, Occ Deputy Executive Engineer, Rural Water Supply Scheme, Raptadu Sub Division, Raptadu, Ananthapur District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary PR and RD Department, A.P. Secretariat, Amaravati at Velagapudi, Guntur District. 2. The Engineer in Chief RWS and S, Rural Water Supply and Sanitation Department, Gollapudi, Vijayawada, Krishna District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Order or Direction more particularlyone in the nature of Writ of Mandamus by declaring the action of the Respondents in not considering the candidature of the petitioner for promotion to the post of Executive Engineer, RWS and SD Department on mere pendency of G.O.Rt.No.124, Panchayat Raj and Rural Development (VIG.VI) Department, dt. 05.03.2025 (incident pertaining to the year of 2017) issued by the 1st Respondent as illegal, arbitrary and violative of Principles of Natural Justice and consequently direct the Respondents to consider the candidature of the petitioner for promotion to the post of Executive Engineer in the ensuing Counsel without reference to the Charge Memovide G.O.Rt.No.124, Panchayat Raj and Rural Development (VIG.Vl) Department, dt. 05.03.2025. U-- 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 direct the Respondents to consider the candidature of the petitioner for promotion to the post of Executive Engineer in the existing vacancy in the ensuing Counsel without reference to the Charge Memovide G.O.Rt.N^124, Panchayat Raj & Rural Development (VIG.Vl) Department, dt. 05.03.2025 pending disposal of the above writ petition. Counsel for the PetitionerSRI K SITA RAM Counsel for the Respondents: GP FOR PR AND RD The Court made the following: ORDER APHC010288892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14502/2025 Between: ...PETITIONER K Sridhar AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KSITA RAM Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 f HCGR, J W.P.No.14502 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 or Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondents in not considering the candidature of the petitioner for promotion to the post of Executive Engineer, RWS and S Department on mere pendency of G.O.Rt.No.124, Panchayat Raj and Rural Development (VIG.VI) Department, dt. 05.03.2025 (incident pertaining to the year of 2017) issued by the 1®' Respondent as illegal, arbitrary and violative of Principles of Natural Justice and consequently direct the Respondents to consider the candidature of the petitioner for promotion to the post of Executive Engineer in the ensuing Counsel without reference to the Charge Memo vide G.O.Rt.No.124, Panchayat Raj and Rural Development (VIG.VI) Department, dt. 05.03.2025 and to pass such other order or orders...” Heard Sri K.Sitaram, learned counsel for the petitioner and 2. learned Government Pleader for Services-I for respondents. 3. Petitioner is presently working as Deputy Executive Engineer. He has been issued charge memo vide G.O.Rt.No.124, Panchayat Raj & Rural Development (VIG.VI) Department, dated 05.03.2025, alleging that he committed irregularities in execution of the work under CPWS Scheme to Singanamala Constituency of Singanamala Sub-Division of Ananthapuramu District. Petitioner has submitted explanation on 09.04.2025 refuting the charges and the inquiry is stated to be pending. Now, the petitioner is due for promotion to the post of Executive Engineer and on account of pendency of disciplinary proceedings, his case is not being considered, though 3 f HCGR, J W.P.No.l4502of2025 he is eligible and falling within the zone of consideration for promotion. Learned counsel for the petitioner submits that the petitioner is 4. within the zone of consideration for promotion as Executive Engineer and due to pendency of the disciplinary proceedings, there is every possibility of petitioner being denied of such promotion. Learned Assistant Government Pleader for Services-I would 5. submit that the respondent authorities will consider the case of the petitioner in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. G.O.Ms.No.679, General 6. The Government issued Administration (Services-C) Department, dated 01.11.2008, and thereafter G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022, fixing timelines to conclude the inquiry within three (03) months in case of simple and six (06) months in case of complicated. In the case at hand, the respondent authorities flouted the timelines fixed in the aforesaid G.Os. For the fault on the part of the disciplinary authority, the petitioner shall not be penalized. Given the facts and circumstances of the case, the Writ 7. Petition is disposed of at the stage of admission, with the consent of S.: 4 t’ f HCGR, J W.P.No.14502 of 2025 both the learned counsel, directing the respondent authorities to consider the case of the petitioner for promotion to the post of Executive Engineer, if the petitioner is in the zone of consideration without reference to the aforementioned charge memo. It is further directed that as the inquiry is still pending, despite timelines prescribed under G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022, respondents are directed to conclude the same within a period of three (03) months 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. / ^ Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SEATON OFFICER To, PR an'SfRD 1. The Principal Secretary, State of Andhra Pradesh Department, A.P. Secretariat, Amaravati at Velagapudi, Guntur District.w- 2. The Engineer in Chief RWS and S, Rural Water Supply and Sanitation Department, Gollapudi, Vijayawada, Krishna District. • 3. One CC to SRI. K SITA RAM, Advocate [OPIiJCT 4. Two CCS to GP FOR PR AND RW^High Court Of Andhra Pradesh. [OUT] S.Three CD Copies nm HIGH COURT DAl^ED: 19/06/2025 ORDER WP.No.14502 of 2025 DISPOSING OF THE WP WITHOUT COSTS