APHC010328432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16638 OF 2025 1 Between: P.S.Mahesh, S/o. P.Surya Prakash Rao Executive Engineer, Punganur Municipality, Chittoor District Aged 59 years, Occ Deputy ...Petitioner AND 1. The State of A.P, rep by its Principal Secretary, Municipal Administration and Urban Development Department Secretariat, Velagapudi, At Amaravathi, Guntur District. 2. The Engineer-In-Chief, State of A.P, Public Health Department, Garuda Enclave, Tadepalli, Guntur 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 an appropriate order or directions more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents not considering the petitioner genuine claim for promotion to the post of Executive Engineer without reference to charge memo vide G.O.Rt.No. 277 Administration and Urban Development Department dated 07.04.2025 as highly illegal, arbitrary, unjust, discrimination and contrary to service rules apart from violation of article 14, 16 and 21 of the Constitution and contrary to the orders of this Hon'ble Court and consequentially direct the respondents to promote the petitioner as Executive Engineer without reference to charge memo with all consequential benefits. Municipal 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 petitioner claim for promotion to the post of Executive Engineer without reference to charge Memo vide G.O.Rt.No. 277 Municipal Administration & Urban Development Department dated 07.04.2025 pending disposal of the above writ petition. Counsel for the Petitioner: SRI T S N SUDHAKAR Counsel for the Respondents: GP FOR SERVICES I The Court made the following Order: APHC010328432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special OriginalJurisdiction) [3506] TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16638/2025 Between: 1.P.S.MAHESH, S/0. P.SURYA PRAKASH RAO YEARS, OCC DEPUTY EXECUTIVE ENGINEER PUNGANUR MUNICIPALITY, CHITTOOR DISTRICT AGED 59 ...PETITIONER AND 1.THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, ADMINISTRATION DEPARTMENT MUNICIPAL AND URBAN DEVELOPMENT VELAGAPUDI, AT AMARAVATHI, GUNTUR DISTRICT, SECRETARIAT, 2.THE ENGINEERINCHIEF, STATE OF A.P, PUBLIC HEALTH DEPARTMENT, GARUDA ENCLAVE, TADEPALLI, GUNTUR 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 to pleased to issue an appropriate order or directions more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents not considering the petitioner genuine claim for promotion to the post of Executive Engineer without reference to charge memo vide G.O.Rt.No.277 Municipal Administration and Urban Development Department dated 07.04.2025 as highly illegal, arbitrary, unjust, discrimination and 2 HCGR,J W.P.No.l6638of2025 contrary to service rules apart from violation of article 14, 16 and 21 of the Constitution and contrary to the orders of this Hon'ble Court and consequentially direct the respondents to promote the petitioner as Executive Engineer without reference to charge memo with all consequential benefits 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 petitioner claim for promotion to the post of Executive Engineer without reference to charge Memo vide G.O.Rt.No.277 Municipal Administration & Urban Development Department dated 07.04.2025 pending disposal of the above writ petition Counsel for the Petitioner: 1.TS N SUDHAKAR Counsel for the Respondent(S): 1.GP FOR SERVICES I 4 3 HCGRJ W.P.No.l6638of2025 The Court made the following Order: Petitioner is working as Deputy Executive Engineer in respondent-department and is now stated to be due for promotionto the post of Executive Engineer. He was issued charge memo vide G.O.Rt.No.277, Municipal Administration & Urban Development (Vig.lll) Department, dated 07.04.2025, setting out three charges. alleging that while working at Madanapalle municipality, he executed inferior quality of work. Petitioner submitted statement of defence on 05.05.2025, refuting the aforesaid charges and the inquiry is stated to be pending. Now, the respondents are undertaking promotions to the post of Executive Engineer. However, on account of pendency of aforesaid disciplinary proceedings, his case is not being considered for the same. Heard Sri T.S.N.Sudhakar, learned counsel for the petitioner 2. and learned Assistant Government Pleader for Services-I for respondents. Learned counsel for the petitioner submits that departmental 3. proceedings are supposed to be concluded within three months in simple cases and six months in complicated cases, as per the timelines specified in G.O.Ms.No.679, General Administration (Services-C) Department, dated 01.11.2008 and G.O.Ms.No.91 , General Administration (Ser.C) Department, dated 12.09.2022. As 4 HCGRJ W.P.No.l6638of2025 the petitioner has already submitted statement of defence to the charge memo dated 07.04.2025, which admittedly related to the period of 2015-2016, the pendency of the same, which has been instituted with such a long delay, cannot put against the petitioner to deny consideration for promotion. Learned Assistant Government Pleader for Services-I would 4. submit that the respondent authorities will consider the case of the petitioner in terms of G.O.I\/ls.No.257, General Administration (Ser.C) Department, dated 10.06.1999. G.O.Ms.No.679 General 5. The Government issued Administration (Services-C) Department, dated 01.11.2008, and (Ser.C) thereafter, G.O.Ms.No.91 General Administration 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 present case, though charge memo has been issued on 07.04.2025, the same relates back to the incident, which has occurred in the year 2015-2016, and on-going disciplinary proceedings came to be initiated only after vigilance and enquiry has pointed certain irregularities, for such inordinate delay in initiating enquiry, petitioner cannot be denied his right for considering promotion to next higher post. HCGR.l W.P.No.16638 of 2025 the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage, 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 of consideration, without reference to the aforementioned 6. Given the zone charge memo. It is further directed that the respondents shall complete the pending inquiry within a period of three months, in terms of G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall SD/- N NAGAMMA | ASSISTANT REGISTRAR | stand closed. //true copy// SECTION OFFICER and Urban At Amaravathi, Municipal Administration Secretariat. Velagapudi, Public Health Department, Garuda To Principal Secretary, Development Department Guntur District. 1. The Chief, State of A.P Tadepalli, Guntur District. 2. The Engineer-ln- Enclave, Advocate [OPUC] services I, High Court _ Sri T S N Sudhakar of Andhra Pradesh [OUT] 3. One CC to 4. Two CCS to GPfor 5. Two CD Copios vna % HIGH COURT DATED:08/07/2025 ORDER WP NO. 16638 OF 2025 DISPOSING OF THE WRIT PETITION AT THE ADMISSION STAGE WITHOUT COSTS