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: 14683 OF 2025 Between: Mohammed Akbar Basha, S/o Late Mohammed Gouse, Aged 60 years Working as Senior Assistant, Primary Health Center, Pinakota Anantagiri Mandal, ASR District, R/o. Plot No. 80, Sramasakthi Nagar Pendurthi Mandal, Pradesh Chinnamusidivada, Visakhkapatnam, Andhra ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Health, Medical and Family Welfare Department A.P. Secretariat Velagapudi, Guntur District. The Regional Director, Medical and Health Services, Vishakapatnam. The District Medical and Health Officer, Alluri Seetha Rama Raju District. 2. 3. ...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 Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Office Superintendent in Medical and Health Department, on mere pendency of Charge Memo vide G.O.Rt.No. 415 Health Medical Family Welfare (VC.I) Department dt. 27.06.2024 (incident pertaining to the and 4) issued by 1st respondent, denial of promotion is illegal ^i^cl in violation of Principles of Natural Justice and contri&ry, consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Office Superintendent in the ensuing counsel without reference to the Charge Memo vide G.O.Rt.No. 415 Health Medical Family Welfare (VC.I) Department dt. 27.06.2024 duly extending the similar order passed in W.P No. 8267 of 2025 dt. 04.04.2025 and W.P. No. 6397 of 2025 dt. 13.03.2025. by lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the candidature of the petitioner for promotion to the post of Office Superintendent in Medical and Health Department, in the existing vacancy, without reference to the pending Charge Memo vide G.O.Rt.No. 415 Health Medical & Welfare (VC.I) Department dt. 27.06.2024, in terms of W.P No. 8267 of 2025 dt. 04.04.2025 and W.P.No. 6397 of 2025 dt.13.03.2025 disposal of the above writ petition. Family pending Counsel for the Petitioner: SRI. BUGULU SREETEJA Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: APHC010295552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] IT “I H FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14683/2025 Between: Mohammed Akbar Basha ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.BUGULU SREETEJA Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 m HCGR, J W.P.N0.14G83 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, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Office Superintendent in Medical and Health Department, on mere pendency of Charge Memo vide G.O.Rt.No.415, Health Medical and Family Welfare (VC.I) Department dt.27.06.2024 (incident pertaining to the year 2014) issued by 1®* respondent, denial of promotion is illegal, arbitrary, whimsical and in violation of Principles of Natural Justice and contrary, consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Office Superintendent in the ensuing counsel without reference to the Charge Memo vide G.O.Rt.No.415, Health Medical & Family Welfare (VC.I) Department, dt.27.06.2024 by duly extending the similar order passed in W.P.No.8267 of 2025 dt.04.04.2025 and W.P.No.6397 of 2025 dt.13.03.2025 and to pass such other order or orders...” Heard Ms Bugulu Sreeteja, learned counsel for the petitioner and learned Government Pleader for Services-I for respondents. 2. 3. Petitioner joined in service as Junior Assistant at King George Hospital, Visakhapatnam and later, got promoted as Senior Assistant. While he was working as Senior Assistant, on 01.07.2014 based on ACB search, it was found that various officers, who working in the said hospital, indulged in corrupt practices in procurement and maintenance of various equipments. Based on the same, common disciplinary proceedings came to be initiated vide are ■WWi 3 HCGR, J W.P.No. 14683 of 2025 G.O.Rt.No.404, Health Medical & Family Welfare (VC.I) Department dated 27.06.2024. Petitioner has been issued charge memo vide G.O.Rt.No.415, Health Medical & Family Welfare (VC.I) Department, dated 27.06.2024. Petitioner has submitted statement of defence on 21.09.2024 and the inquiry is still going on. Petitioner is stated to be due for promotion and falling under zone of consideration for promotion to the post of Office Superintendent. On account of pendency of departmental proceedings, his case is not being considered for promotion. Learned counsel for the petitioner submits that proceedings 4. were initiated for the incident alleged to have been happened in the year 2014 and petitioner also submitted statement of defence. So far, the proceedings have not yet been concluded. Therefore, petitioner cannot be denied the right to 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. General G.O.Ms.No.679, 6. The Government issued Administration (Services-C) Department, dated 01.11.2008, and (Ser.C) thereafter, G.O.Ms.No.91, General Administration ■'\ V-, 4 / HCGR, J W.P. No. 14683 of 2025 Department, dated 12.09.2022, fixing timelines to conclude the inquiry within three months in case of simple and six months in case of complicated. In the case at hand, the respondent authorities flouted the timelines fixed in the G.Os. For the fault on the part of the disciplinary authority, the petitioner shall not be penalized. 7. Given the facts and circumstances of the case, the Writ Petition is disposed of, at the stage of admission, with the consent of both the learned counsel, directing the respondent authorities to consider the case of the petitioner for promotion, if the petitioner is in the zone of consideration, without reference to the aforementioned charge memo. Further, the respondents are also directed to complete the inquiry within a period of three (03) months from the V. -., 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/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Health, Medical and Family Welfare Department, State of Andhra Pradesh, A.P. Secretariat Velagapudi, Guntur District. 2. The Regional Director, Medical and Health Services, Vishakapatnam. 3. The District Medical and Health Officer, Alluri Seetha Rama Raju District. 1 4. One CC to Sri. Bugulu Sreeteja Advocate [OPUC] 5. Two CCs to GP for Services I, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies GSC HIGH COURT DATED:20/06/2025 ORDER WP.No.14683 of 2025 DISPOSING THE WP WITHOUT COSTS