APHC010308772025 IN THE HIGH COURT OF ANDHRA PRADE AT AMARAVATI (Special Original Jurisdiction) 0? MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15661 OF 2025 Between: K Srinivasa Rao, S/o K. Rama Rao, Aged 59 years, Working as Assistant Director (Admin), Government General Hospital, Srikakulam 302, Olive Height Apartments Lawsons Bay Colony, Visakhapatnam. R/o. Flat No. ...Petitioner/s AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Health Medical and Family Welfare Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The Director of Public and Family Welfare, Andhra Pradesh Gollapudi, Vijayawada, A.P. 3. The Director of Medical Education, Andhra Pradesh, at Old Government General Hospital, Hanumanpet, Vijayawada, A.P. , at ...Respondent/s 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 Dy. Director (Admn), on mere pendency of Charge Memo vide G.O.Rt.No.411 r Health Medical and Family Welfare (VC.I) Department dt. 27.06.2024 (incident pertaining to the year 2014) issued by 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 Dy. Director (Admn) in the ensuing counsel without reference to the Charge Memo vide G.O.Rt.No. 411 Health Medical and 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. lA NO: 1 OF 2025 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 direct the respondents to consider the candidature of the promotion to the post of Dy. Director (Admn.) in Medical and Health Department, in the existing vacancy, without reference to the pending Charge Memo vide G.O.Rt.No.411 Health Medical & Family 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, pending disposal of the above writ petition. Counsel for the Petitioner: SRI BUGULU SREETEJA Counsel for the Respondents: AGP FOR SERVICES I The Court made the following order: to petitioner for APHC010308772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY ,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15661/2025 Between: K Srinivasa Rao ...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 The Court made the following: ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief:- “...to issue an appropriate 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 Dy. Director (Admn) on mere pendency of Charge Memo vide G.O.Rt.No.411 Health Medical & Family Welfare (VC.I) Department dt 27.06.2024 (incident pertaining to the year 2014) issued by 1st 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 Dy. Director (Admn) in the ensuing counsel without reference to the Charge Memo vide G.O.Rt.No.411 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 Sri Bugulu Sreeteja, learned counsel for petitioner and learned 2. Assistant Government Pleader for Services-I for respondents. Petitioner is working as Assistant Director (Admn) at Government 3. General Hospital, Srikakulam. While he was working as Assistant Director, King George Hospital, Visakhapatnam, disciplinary proceedings came to be initiated vide G.O.Rt.No.404 Health Medical & Family Welfare (VC.I) Department dated 27.06.2024 against 13 officers including the petitioner herein. Later, petitioner was issued a charge memo vide G.O.Rt.No.411 Health Medical & Family Welfare (VC.I) Department dated 27.06.2024 alleging that he failed to monitor administrative matters of the hospital in systematic 3 manner thereby giving scope to commission and omission of various irregularities in administration. Petitioner stated to have submitted statement I of defence on 28.08.2024 and as of now Enquiry Officer has not been appointed and enquiry is pending at that stage. Petitioner is stated to be due for promotion to the post of Deputy Director (Admin) and for the panel year 2024-25, as per the seniority list, he stands at serial No.6, however, on account of pending of departmental proceedings, his case is not being considered for promotion. Learned counsel for the petitioner submits that proceedings 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 4. promotion. He also placed on record orders passed by this Court in W.P.NO.14683 of 2025 relating to one of the charged officer forming part of the disciplinary proceedings. 5. Learned Assistant Government Pleader for Services-I would 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. 6. The Government issued G.O.Ms.No.679, General 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 of simple and six (06) conclude the inquiry within three (03) months in case of complicated. In the case at hand, the respondent authorities case to months in 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, with the consent of both the learned counsel, the Writ Petition is disposed at admission stage, directing the respondent authorities to consider the case of the petitioner for promotion, of consideration, without reference to the Further, the respondents are also directed to period of three (03) months from the date of if the petitioner is in the zone aforementioned charge memo complete the inquiry within a receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. There shall be no order as 8. to costs. shall stand miscellaneous applications, pending if any As a sequel closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER of Andhra Pradesh, Health, Medical and A.P. Secretariat, Velagapudi, Guntur To, 1. The Principal Secretary, State Family Welfare Department, District. 2. The Director Gollapudi, Vijayawada, A.P. 3. The Director of Medical Education General Hospital, Hanumanpet, Vijayawada, A.P. of Public and Family Welfare, Andhra Pradesh, at Andhra Pradesh, i t Old Government I 4. One CC to SRI. BUGULU SREETEJA, Advocate [OPUC] 5. Two CCS to GP FOR SERVICES - I, High Court of Andhra Pradesh [OUT] 6. Two CD Copies sree HIGH COURT DATED:30/06/2025 ORDER WP NO. 15661 OF 2025 ^ t 0 JUL 2025 ^>>Curr®ntSec Co DISPOSING OF THE W.P. WITHOUT COSTS