, IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) FRIDAY. THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14712 OF 2025 Between: Rayapati Kowsalya, W/o. N.D.V. Prasad, Aged about 53 years, Administrative Officer O/o. Mandai PrajaParishad, Gudur, Tirupati District, R/o. Gudur Tirupati District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary to Government Panchayat Raj and Rural Development Department Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Commissioner of Panchayat and Rural Development Government of Andhra Pradesh, PVS ICON, Guntur District, A.P. 3. The Chief Executive Officer, Zilla Paraja Parishad, SPSR, Nellore 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 be pleased to issue appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus by declaring the action of the Respondents in initiating and continuing disciplinary proceedings against the Petitioner in respect of an alleged incident pertaining to the period between 2015-2019 vide Charge Memo No. 858960/CPR and RD/A2/2020- 2 dated 21-07-2020 issued by the 2"^^ Respondent and thereby denying promotion to the post of Mandai Parishad Development Officer on the ground of pendency of disciplinary proceedings, as being arbitrary, illegal, vitiated by delay, contrary to the time limit stipulated in G.O. Ms. No. 679 may dated 01-11- 2008 and Rule 20 of ARCS (CC and A) ■ idn Articles 14 and 16 of Constitution of India Rues, 1991 and in and set- aside the that the case considered and be promoted benefits incidental thereto RD/A2/2020-2 dated 21-07-2020 issued by the 2""^ Respondent on the analogy of Orders passed in similar cases including W.P. No. 10530 of 2025 2025 in the interest of justice. , same.accdrdingly and consequently be pleased to declare Petitioner is entitled to have his Mandal Parishad Development Officer with without reference to Charge Memo No. 858960/CPR and as dated 24- 04- lA NO: 1 OF 2Q2fi 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 consider the case of the Petitioner for promotion to the post of Mandal Parishad Development Officer without reference to Charge Memo No. 858960/CPR&RD/A2/2020- 2 dated 21-07-2020 issued by the 2 Orders passed in similar cases. nd Respondent on the analogy of Counsel for the Petitioner ; SRI V. RAVICHANDRAN Counsel for the Respondent Nos.1 & 2 : GP FOR SERVICES I Counsel for the Respondent No.3 : SMT. B.V APARNA LAKSHMI SC FOR ZPP The Court made the following: ORDER APHC010291412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14712/2025 Between: Rayapati Kowsalya ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.V RAVICHANDRAN Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 fx* The Court made the following order This Writ Petition is filed under Article 226 of the Constitution the following relief/s;- of India for ...to issue appropriate Writ. Order . ^ ^ . Order . ^ ^ . or Direction, more particularly in the nature of a Writ of Mandamus by declaring the action of Respondents in initiating and continuing disciplinary proceedings against the Petitioner in respect of an alleged incident pertaining to the period between 2015-2019 vide Charge Memo No 858960/CPR and RD/A2/2020-2 dated 21-07-2020 issued^y the ^ Respondent and thereby denying promotion to the post of Mandal Parishad Development Officer on the ground of pendency of disciplinary proceedings, as being arbitrary, illegal, vitiated by delay, contrary to the time limit stipulated in G.O. Ms No 679 dated 01-11- 2008 and Rule 20 of ARCS (CC and A) Rues, and in violation of Articles 14 and 16 of Constitution of India . set- aside the same accordingly and consequently be pleased declare that the Petitioner is entitled to have his case considered and be promoted as Mandal Parishad Development Officer with benefits incidental thereto without reference to Charge Memo No 858960/CPR and RD/A2/2020-2 dated 21-07-2020 issued by the 2nd Respondent on the analogy of Orders passed in similar cases including W.P. No. 10530 of 2025 dated 24- 04-2025 in the interest of justice....” one the 1991 and to 2. Heard Sri V.Ravichandran, learned counsel for the petitioner and learned Assistant Government Pleader for Service-1 respondent Nos.1 and 2. 3. Petitioner is working as Administrative Officer in Mandal Praja Parishad, Gudur, Tirupathi District. While she was working as Administrative Officer at Kota, SPSR Nellore District, she was issued a charge memo vide Charge Memo NO.858960/CPR/A2/2020-2, dated 21.07.2020, alleging that she failed in monetary remittances of undisbursed fund same, which amounted to dereliction of duties, amounts came to be misappropriated. Petitioner submitted appearing for the amount and reconciling the on account of which certain a statement of 3 defence on 20.08.2020, refuting the aforesaid charges. Therefore, the enquiry officer has been appointed and the enquiry is said to be pending. Petitioner is now due for promotion to the post of Mandal Parishad Development Officer, and the respondents have issued a memo dated 03.03.2025 initiating the exercise for taking up promotions to the posts of MPDO. As departmental proceedings are pending against the petitioner, her case is not being considered for the promotion. 4. Learned counsel for the petitioner 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 G.O.Ms.No.91 General Administration (Service.C) Department, dated 12.09.2022, and in view of inordinate delay, petitioner is deprived of promotion. Learned Assistant Government Peader appearing for respondents 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 5. G.O.Ms.No.91, General Administration (Service.C) Department, dated 12.09.2022. 6. In view of the above observations, the respondents are directed to consider the case of the petitioner for promotion to the post of Mandal Parishad Development Officer, without reference to disciplinary proceedings in 4 pursuance of charge memo vide Charge Memo No.858960/CPR/A2/2(520 -2, dated 21.07.2020. 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. With the above directions, the Writ Petition is disposed of. There shall 7. be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. SRINIVASA RAJU assistant registrar SEc4fe^N OF.RCER //TRUE COPY// To. ^ Secretary to Government Panchayat Raj and Rural Development Department, State of Andhra Pradesh Velagapudi, Amaravathi, Guntur District, A.P. Of n, DiSri^t’’^^ Executive Officer, Zilla Paraja Parishad, 4. One CC to Sri V. Ravichandran, Advocate [OPUC] 5. Two CCS to GP for Services I, High Court of Andhra Pradesh 6. One CC to Smt. B.V. Aparna Lakshmi, SC for ZPP (OPUC) 7. Three C.D. Copies. , Secretariat, SPSR, Nellore • [OUT] Cnr HIGH COURT DATED:20/06/2025 ORDER ANDfy^ WP.No.14712of 2025 X 2 UUN 2025 ‘ ^ . Current Section *^esPATC*^;^ m ta DISPOSING OF THE W.P. WITHOUT COSTS