APHC010321692025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special original Jurisdiction) I TUESDAY. THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16088 OF 2025 Between: D Ramalinga Prasad, S/o Veera Bhadraiah, Aged about 61 years, Occ; Deputy Executive Engineer Rural Water Supply and Sanitation (R WS & S) Department, Jaggaiahpeta Sub-Division, Jaggaiahpeta, NTR District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Engineer-In-Chief (RWS & S), Rural Water Supply and Sanitation Department, Gollapudi, Vijayawada, NTR 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents considering the candidature of the petitioner for promotion to the post of Executive Engineer in RWS and S Department in not on mere pendency of charge memos vide Go.Rt.No. 156 Dt.04.04.2023 and Go.Rt.No. 237 Dt.02.05.2023 Panchayat Raj and Rural Development (Vig-VI) issued by the 1st Respondent, denial of promotion is illegal, arbitrary, violation of principles of natural justice and violation of Article 14 and 21 of the constitution of India 4 and consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Executive Engineer in present panel year(DPC) without reference to the charge memos issued by the Respondent No.1 vide Go.Rt.No.156 Dt.04.04.2023 and Go.Rt.No.237 Dt.02.05.2023 Panchayat Raj and Rural Development (Vig-VI) by duly extending the similar orders passed in WP No.11096 of 2025 dt.01.05.2025. 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 to direct the respondents to consider the candidature of the petitioner for promotion to the post of Executive Engineer in RWS & S Department, in the existing vacancy, without reference to the pending charge issued by the Respondent No.1 vide Go.Rt.No.156 Dt.04.04.2023 & Go.Rt.No.237 Dt.02.05.2023 Panchayat Raj & Rural Development (Vig- VI) by considering representation dt. 27.06.2025 submitted by the petitioner, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI SOURI BABU DUPPATI Counsel for the Respondents: GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order: APHC010321692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16088/2025 Between: 1.D RAMALINGA PRASAD, S/0 VEERA BHADRAIAH, AGED ABOUT 61 YEARS, OCC DEPUTY EXECUTIVE ENGINEER RURAL WATER SUPPLY JAGGAIAHPETA SUB-DlVlSION, JAGGAIAHPETA, NTR DISTRICT AND SANITATION (R WS AND S) DEPARTMERIT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, AMARAVATI, GUNTUR DISTRICT. SECRETARIAT, VELAGAPUDI, 2.THE ENGINEERINCHIEF RWS AND S, RURAL WATER SUPPLY AND GOLLAPUDI, VIJAYAWADA, NTR SANITATION DEPARTMENT, DISTRICT. ...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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not considering the candidature of the petitioner for promotion to the post of Executive Engineer in RWS and S Department, on mere pendency of charge memos Go.Rt.No. 237 Dt.02.05.2023 Panchayat Raj and Rural Development (Vig- VI) issued by the 1st Respondent, denial of promotion is illegal, arbitrary. vide Go.Rt.No. 156 Dt.04.04.2023 and '^s/- / 4f violation of principles of natural justice and violation of Article 14 and 21 of the constitution of India and consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Executive Engineer present panel year(DPC) without reference to the charge memos issued by the Respondent No.1 vide Go.Rt.No.156 Dt.04.04.2023 and Go.Rt.No.237 Dt.02.05.2023 Panchayat Raj and Rural Development (Vig-Vl) by duly extending the similar orders passed in WP No.11096 of 2025 dt.01.05.2025 and pass such lA NO: 1 OF 2025 in under Section 151 CPC praying that in the circumstances stated Petition in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents to consider the candidature of the petitioner for promotion to the post of Executive Engineer in RWS & S Department, in the existing vacancy, without reference to the pending charge issued by the Respondent No.1 vide Go.Rt.No.156 Dt.04.04.2023 & Go.Rt.No.237 Dt.02.05.2023 Panchayat Raj & Rural Development (Vig- VI) by considering representation dt. 27.06.2025 submitted by the petitioner, pending disposal of the main Writ Petition and pass such Counsel for the Petitioner: 1.SOURI BABU DUPPATI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 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 declaring the action of the Respondents in not considering the candidature of the petitioner for promotion to the post of Executive Engineer in RWS and S Department on mere pendency of charge memos vide Dt.04.04.2023 and G.O.Rt.No.237 Dt.02.05.2023 Panchayat Raj and Rural Development VigVI issued by the 1st Respondent denial of promotion is illegal arbitrary violation of principles of natural justice and violation of Article 14 and 21 of the constitution of India and consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Executive Engineer in present panel yearDPC without reference to the charge memos issued by the Respondent No.1 vide G.O.Rt.No.156 Dt.04.04.2023 and Go Rt No 237 Dt 02 05 2023 Panchayat Raj and Rural Development VigVI by duly extending the similar orders passed in W.P.No.11096 of 2025 dt 01.05.2025 and to pass such other order or orders....” G.O.Rt.No.156 Heard Sri Souri Babu, learned counsel for petitioner and learned 2. Assistant Government Pleader for Panchayat Raj and Rural Development for respondents. Petitioner is working as Deputy Executive Engineer and is stated to be due for promotion to the post of Executive Engineer. Petitioner has been issued charge memo vide G.O.Rt.No.156 Panchayat Raj & Rural Development (VIG.VI) Department dated 04.04.2023 setting out sole article of charge that while he working as Deputy Executive Engineer has committed irregularities in execution of work in providing drinking water facilities in Chintalapadu Village and two other villages to which petitioner submitted 3. statement of defence refuting the aforesaid charges. Petitioner has also been issued another charge memo vide G.O.Rt.No.237 Panchayat Raj & Rural Development (VIG.VI) Department dated 02.05.2023 setting out sole article of charge that he failed to follow departmental procedure while procurement of pipe works executed in Kanchikacharla and also failed to conduct pre-delivery inspection. Even for the same, petitioner submitted statement of defence refuting the charges. The enquiry on account of both charges is pending. 4. Learned counsel for the petitioner submits that the petitioner is 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. 5. Learned Assistant Government Pleader for Services-I would submit that the respondent authorities will consider the case of the petitioner in terms of General Administration (Ser.C) Department, dated G.O.Ms.No.257, 10.06.1999. 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 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. 6. % Given the facts and circumstances of the case, v\/ith the consent of both 7. the learned counsel, the Writ Petition is disposed at admission stage 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 memos. 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. 8. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. SD/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary to Government, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. The Engineer-In-Chief (RWS & S), Rural Water Supply and Sanitation Department, Gollapudi, Vijayawada, NTR District. One CC to Sri Souri Babu Duppati, Advocate [OPUC] Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] Two CD Copies 1. 2. 3. 4. 5. RAM I HIGH COURT DATED:01/07/2025 ORDER WP.No.16088 of 2025 0 3JUL 2025 SsQurrentSectigD^* DISPOSING OF THE WP WITHOUT COSTS