■K APHC010346072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■I TUESDAY,THE FIFTEENTH DAYOF JULY^; TWO THOUSAND AND TWENTY FIVE ' PRESENT \ HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17621 OF 2025 ^ Between: Thotlapalepu Royal Babu, S/o. Late Tl Raju. aged about 58 years, Executive Engineer Visakhapatnam. Greater Visakapatnam Municipal Corporation, ...Petitioner AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary to Government, MA and UD Department, Secretariat, Velgapudi, Guntur District. 2. The Engineer-in-Chief, Public Health, A.P., Mangalagiri District. Guntur ...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 iniation and disciplinary proceedings vide Charge memo bearing G.O.Rt.No.68, MA and UD dated 07-02-2023 (incident of 2016-2017) is totally exfacie illegal, arbitrary, unconstitutional and void being contrary to the orders of the Government with regard to finalization of disciplinary proceedings in continuation of % simple matters within a period of three (3) months and incomplicated matters within a period of six (6) months vide G.O.Ms.NO.679, dated 01-11-2008 and as well as orders of the Hon'ble Court and set aside the same and consequently direct the Respondents to consider the case of the Petitioner for promotion as Superintending Engineer and promote him as such with all consequential benefits. X lA NO: 1 OF 2025 'X 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 case of the Petitioner for promotion as Superintending Engineer without reference to charge memo issued by the 1st Respondent bearing G.O.Rt.No.68, MA&UD (Vig.ll) Dept., dated 07-02- 2023 (incident of 2016-2017) and promote him as such pending disposal of the above writ petition. Counsel for the Petitioner: SRI RANGARAJULA RAJASEKHARA RAO Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: APHC010346072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17621/2025 Between; Thotlapalepu Royal Babu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner; 1.RANGARAJULA RAJASEKHARA RAO Counsel for the Respondent(S); 1.GP FOR SERVICES I The Court made the following; THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17621/2025 The present Writ Petition is filed to declare the action of the Respondents in initiation and continuation of disciplinary proceedings vide Charge Memo bearing G.O.Rt.No.68, MA & UD, dated 07.02.2023 as illegal and arbitrary and consider the case of the Petitioner for promotion to the post of Superintendent Engineer. The Petitioner was initially appointed as Assistant Executive Engineer on 20.03.1993 in Public Health Department and subsequently, he was promoted as Deputy Executive Engineer on 25.02.2004 and as Executive Engineer on 06.04.2017. It is stated that now he is eligible and qualified for promotion to the post of Superintending Engineer. While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No.68, MA and UD, dated 07.02.2023, whereunder two charges were framed against the Petitioner. 2. 3. Charge No.1 pertains to laying of CC Road from Yadia Lingalah Colony to Koppale BT Road when the Petitioner was the Municipal Engineer during the period from 26.09.2016 to 04.05.2017. The second charge was only a reiteration of the first charge. 4. It is stated that after competition of the enquiry, a report was submitted to the Government and the same is pending for While so, the promotion for the post of Superintendent Engineer are being considered and the apprehension of the Petitioner is that his case would not be considered for promotion in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed. decision. 5. Learned counsel for the Petitioner, who appeared through virtual mode, submits that Charges against the Petitioner concerned, neither allegation of any loss to the Government nor an explanation as to why there was delay of more than 7 years in issuing the Charge Memo. He further submits that the charge made against the Petitioner to lay a Road is visible to all and in that context, the delay is inexplicable. are Learned counsel for the Petitioner further submits that inspite of participating in the enquiry by the Petitioner and submission of the report to the Respondent No.1, no decision is forthcoming and the same is likely to hinder his prospects for consideration of his case for promotion to the post of Superintendent Engineer. 6. % 7. Learned Assistant Government Pleader would contend that the Petitioner cannot raise issue of challenge to the Charge Memorandum after participating in the enquiry and as regards the issue of promotion, he submitted that his case would be considered in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. Having heard the respective submissions, this Court is 8. of the opinion that it would not be appropriate for this Court to interfere in the matter when the issue is pending before the Government for appropriate decision. However, as regards the consideration of the case of the Petitioner for the post of Superintendent Engineer, the charges framed against the Petitioner does not appear to be serious enough and his case can be considered for promotion in terms of Section 257, dated 10.06.1999. 9. Following the view expressed by this Court in B. Nagesh Babu V State of A.P. \ the present Writ Petition is disposed of in the following terms: i) The respondents are directed to consider the Petitioner’s case for promotion to the Post of Superintendent Engineer subjectto the Petitioner possessing requisite qualification without reference to Order dated 16.12.2024 in W.P.No.29618 of 2024 the Charge Memo vide G.O.Rt.No.68, G.O.Ms.No.257, General Administration 10.06.1999. dated 07.02.2023. in terms of ( Ser.C) Department, dated ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, stand closed. pending if any, shall Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, MA and UD Department, State of Andhra Pradesh, Secretariat, Velgapudi, Guntur District. 2. The Engineer-in-Chief, Public Health, A.P., Mangalagiri, District. 3. One CC to Sri. Rangarajula Rajasekhara Rao Advocate [OPUC] 4. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] 5. Three CD Copies GSC Guntur HIGH COURT DATED:15/07/2025 ORDER WP NO. 17621 OF 2025 DISPOSING THE WP WITHOUT COSTS