APHC010342732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 17117 OF 2025 Between: P V L SURESH KUMAR, S/o late P.G.V. Prasad Rao, Aged about 61 years. Deputy Director (Admn), Government General Hospital, Ongole, Prakasam District. ...Petitioner AND 1. THE STATE OF AP, rep. by its Principal Secretary, Health, Medical Family Welfare Department, Secretariat at Velagapudi, Amaravati, Guntur District. 2. The Director of Public Health Family Welfare Department, Gollapudi, Vijayawada. ...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 inaction of the respondents in considering the case of the petitioner for promotion to the post of Joint Director (Admh) for the panel year 2024-25 in Health, Welfare Department without reference to disciplinary proceedings vide Charge Memo, dated 24.05.2014 issued in G.O.Rt.No.623, Health, Medical Medical Family / Family Welfare Department and proceedings for prosecution in ACB case vide C.C.No.17 of 2014 pending before the Court of Principal SPE and ACB Cases-cum-IV ACJ Court, Hyderabad and declare the action respondents in not considering the claim of the petitioner as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially direct the respondents to consider the case of the petitioner for promotion to the post of Joint Director (Admn) for the panel year 2024-25 in Health, Medical Family Welfare Department, State of Andhra Pradesh, in the interest of justice. of the 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 claim of the petitioner for promotion as Joint Director, in view of protracted disciplinary proceedings pending since 2011 vide Charge Memo, dated 24.05.2014 issued in G.O.Rt.No.623, Health, Medical & Family Welfare Department and proceedings for prosecution in ACB case vide C.C.No.17 of 2014 pending before the Principal SPE and ACB Cases-cum-IV ACJ Court, Hyderabad. Counsel for the Petitioner: C SRINIVASA BABA Counsel for the Respondent Nos.1 to 2: GP FOR SERVICES I The Court made the following order: APHC010342732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 17117/2025 Between: 1.P V L SURESH KUMAR, S/0 LATE P.G.V. PRASAD RAO, AGED ABOUT 61 YEARS, DEPUTY DIRECTOR (ADMN), GOVERNMENT GENERAL HOSPITAL, PRAKASAM DISTRICT. ONGOLE, ...PETITIONER AND PRINCIPAL 1.THE STATE OF AP, REP. BY ITS SECRETARY, HEALTH, MEDICAL FAMILY WELFARE DEPARTMENT, SECRETARIAT AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DIRECTOR OF PUBLIC HEALTH FAMILY WELFARE DEPARTMENT, GOLLAPUDI, VIJAYAWADA. ...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 topleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondents in considering the case of the petitioner for promotion to the post of 2 W.P.N0.1711 Joint Director (Admh) for the panel year 2024-25 in Health, Medical disciplinary proceedings vide Charge Memo, dated 24.05.2014 issued in G.O.Rt.No.623, Health, Medical Department and proceedings for prosecution in ACB case vide C.C.No.17 of 2014 pending before the Court of Principal SPE and ACB Cases-cum-IV ACJ Court, Hyderabad and declare the action of the respondents in not considering the claim of the petitioner as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially direct the respondents to consider the case of the petitioner for promotion to the post of Joint Director (Admn) for the panel year 2024-25 in Health, Medical Family Welfare Department, State of Andhra Pradesh, in the interest of justice and pass lA NO: 1 OF 2025 Family Welfare Department without reference to Family Welfare 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 pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondents in considering the case of the petitioner for promotion to the post of Joint Director (Admh) for the panel year 2024-25 in Health, Medical & Family Welfare Department without reference to disciplinary proceedings vide Charge Memo, dated 24.05.2014 issued in G.O.Rt.No.623, Health, Medical & Family Welfare Department and proceedings for prosecution in ACB case vide C.C.No.17 of 2014 pending before the Court of Principal SPE and ACB Cases-cum-IV ACJ Court, Hyderabad and declare the action of the respondents in not considering the claim of the petitioner as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially direct the respondents to consider the case of the petitioner for promotion to the post of Joint Director (Admn) for the panel year 2024-25 in Health, Medical & Family Welfare Department, State of Andhra Pradesh, in the interest of justice and pass 3 CGR,J \A/.P.NO.17117OF2025 Counsel for the Petitioner; 1.C SRINIVASA BABA Counsel for the Respondent(S); 1.GP FOR SERVICES I The Court made the following: 4 CGR,J W.P.N0.17117qF2025 ORDER Deputy Director Petitioner while working (Administration), was issued Charge memo vide G.O.Rt.No.623 Medical & Family Welfare (VC.1) Department, dated 24.05.2014 inter-alia setting out two articles of charges said to have occurred during the years 2010 and 2011, that he failed to submit the annual property returns and thus violated the service rules. Petitioner has submitted a statement of defence dated as Health 24.07.2024 refuting the aforesaid charges. Despite the same far, neither enquiry officer is appointed nor was the enquiry proceeding with. Petitioner is due for promotion to the post of Joint Director and as per the seniority list prepared on so 27.10.2023, he stood at Serial No.3 and as of now, the persons who stand at SI.Nos.1 & 2 have already been promoted, thus the However, on account of the petitioner stands at Sl.No.1. disciplinary proceedings, his case is not being considered for promotion. Heard Sri C.Srinivasa Baba, learned counsel for the and learned Assistant Government Pleader for 2. petitioner Services-1 for respondents. 5 03^ W.P.N0.17117Q 3. Learned counsel for the petitioner were initiated for the incident alleged the years 2010 & 2011 and defence. So far, the submits that proceedings to have been happened in petitioner also submitted statement of proceedings have not yet been Therefore, petitioner cannot be denied concluded, the right to promotion. 4. Learned Assistant Government would submit that the respondent Pleader for Services-I 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. 5. The Government issued G.O.Ms.No.679, General Administration (Services-C) Department thereafter, dated 01.11.2008, and (Ser.C) Department, dated 12.09.2022, fixing timelines to conclude the inquiry within three (03) months i months in case of G.O.Ms.No.91, General Administration case of simple and six (06) case at hand, the fixed in the G.O. For disciplinary authority, the petitioner in complicated. In the respondent authorities flouted the timelines the fault on the part of the shall not be penalized. 6. Given the facts and cicircumstances of the case, with the consent of both the learned counsel, the Writ Petition is disposed 6 CGR,J W.P.NO.17117 OF 2025 admission stage, directing the respondent authorities to consider the case of the petitioner for promotion, if the petitioner of consideration, without reference to the at is in the zone aforementioned charge memo. Further, the respondents are also directed to complete the inquiry within a period of three (03) months from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. There shall be 7. no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. SDI- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Health, Medical Family Welfare Department, Secretariat at Velagapudi, Amaravati, Guntur District. 5 ?. The Director of Public Health Family Welfare Department, Gollapudi, Vijayawada. 3. One CC to SRI. C SRINIVASA BABA Advocate [OPUC] 4. Two CCs to GP FOR SERVICES I High Court of Andhra Pradesh [OUT] 5. Two CD Copies. AL HIGH COURT DATED:10/07/2025 ORDER WP NO. 17117 OF 2025 jg( 2 9 AUG 2025 )S DISPOSING OF THE W.P. WITHOUT COSTS