APHC010349512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) a-. FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 17555 OF 2025 Between: J. Siva Shankar Reddy. S/o Late J. Pulla Reddy, Age 60 years. Working as Joint Chief Inspector of Factories, Visakhapatnam Apartment, Seethammadhara, Visakhapatnam. R/o B-106, Paradise ...Petitioner AND 1. The State of A P, Rep by its Special Chief Secretary Labour, Factories, Boilers and IMS Department, A.P. Secretariat, Velagapudi, Guntur District. 2. Director of Factories, Andhra Hospitals, Extension Building, Opposite Govt. High School, Gollapudi, Vijayawada, NTR District. (Cause title in respect of Respondent No.2 amended/substituted as Court Order dated.25.07.2025 in lA. No.2 of 2025 in WP No.17555 of 2025) per ...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 or more particularly one in the nature of Writ of Mandamus declare the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Director of Factories, Labour, Factories, Boilers and IMS (incident pertaining to the on mere pendncy of Charge Memo vide G.O.Rt.No. 180 (IMS and VIG) Dept dated 27-02-2024 year 2020), issued by the 1®‘ respondent, denial of promotion is illegal, arbitrary, whimsical and in violation of Principles of Natural Justice and Consequently direct the respondents to consider the post of Director of Factories candidature of the petitioner for promotion to the without reference to the pending Charge Memo vide G.O.Rt.No. 180 Labour, Factories, Boilers and IMS (IMS same anology of orders passed by this Hon’ble Court 2025 dated 01-04-2025. and VIG) Dept dated 27-02-2024 in W.P.No. 8195 of on the lA NO: 1 OF 2n7fi Petition under Section 151 CPC in the affidavit filed in support of the writ petition, the High Court may be pleased to direct consider the candidature of the praying that in the circumstances stated petitioner for promotion to the post of Director of Factories in the existing vacancy, without reference to the Charge Memo vide G.O.Rt.No. IMS(IMS&VIG) Dept dated 27- 02-2024 petition. 180 Labour, Factories, Boilers and pending disposal of the above writ Counsel for the Petitioner: SRI CHILAMKURTHI Counsel for the Respondents: GP FOR SERVICES The Court made the following order: SATYA DEV NAIDU 2 APHC010349512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLAGUNARANJAN WRIT PETITION NO: 17555/2025 Between: 1.J. SIVA SHANKAR REDDY, S/O LATE J. PULLA REDDY, AGE 60 YEARS.WORKING AS JOINT CHIEF INSPECTOR OF FACTORIES, VISAKHAPATNAM,R/0 B-106, PARADISE APARTMENT, SEETHAMMADHARA,VISAKHAPATNAM. ...PETITIONER AND 1.THE STATE OF A P, REP BY ITS SPECIAL CHIEF SECRETARY LABOUR,FACTORIES, BOILERS AND IMS DEPARTMENT, A.P. SECRETARIAT,VELAGAPUDI, GUNTUR DISTRICT. 2.DIRECTOR OF FACTORIES, ANDHRA HOSPITALS, EXTENSION BUILDING, OPPOSITE GOVT. HIGH SCHOOL, GOLLAPUDI, VIJAYAWADA, NTR DISTRICT. ...RESPONDENT(S): (Cause title in respect of Respondent No.2 amended/substituted as per Court Order dated.25.07.2025 in lA. No.2 of 2025 in WP No.17555 of 2025) 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 may be pleased to issue a Writ Order or Direction or more particularly one in the nature of Writ of Mandamus declare the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Director of Factories, on mere pendency of Charge Memo vide G.O.Rt.No.180 Labour, Factories, Boilers and IMS(IMS and VIG) Dept dated 27-02-2024 (incident pertaining to the year2020), issued by the 1 respondent, denial of promotion is illegal, arbitrary, whimsical and in violation St 3 of Principles of Natural Justice and Consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Director of Factories without reference to the pending Charge Memo vide G.O.Rt.No. 180Labour,Factories,BoilersandlMS(IMS and VIG)Dept dated 27- 02-2024 , on the same analogy of orders passed by this Hon’ble Court in W.P.No. 8195 of 2025 dated 01-04-2025. IANO:10F 2025 Petition under Section 151 CPCprayingthatinthecircumstancesstate d in the affidavit filed in support of the petition, the High Court may be pleased maybe pleased to consider the candidature of the petitioner for promotion to the post of Director of Factories in the existing vacancy, without reference to the Charge Memo vide G.O.Rt.No. 180 Labour, Factories, Boilers and IMS(IMS&VIG) Dept dated 27-02-2024 pending disposal of the above writ petition. Counsel for the Petitioner: 1.CHILAMKURTHI SATYADEV NAIDU Counsel for the Respondent (S); 1.GP FOR SERVICES II 3 The Court made the following: ORDER: Petitioner is working as Joint Chief Inspector of Factories and he is stated to be due for promotion to the post of Director of Factories. Disciplinary proceedings vide G.O.Rt.No.179 Labour, Factories (IMS&VIG) Department, dated 27.02.2024, came to be initiated against petitioner and two officers, in particular vide G.O.Rt.No.180 Labour, Factories, Boilers and IMS (IMS&VIG) Department dated 27.02.2024, charge memo to be issued against petitioner setting out 3 articles of charges essentially on the allegations that the petitioner had paid bribe on demand by a fake ACB gang which is construed to be in violation of service Rules. Petitioner has submitted statement of defense on 17.06.2024 refuting the aforesaid charges and the disciplinary proceedings are stated to be pending. Now respondents have come up with final seniority list by memo dated 07.03.2025, in which petitioner is standing at Serial No.1 and on account of pendency of disciplinary proceedings, his case is not being considered for promotion. Boilers and IMS came Fleard Sri Chilamakurthi Satya Dev Naidu, learned counsel for the petitioner and learned Assistant Government Pleader for Services II for the respondents. Learned counsel for the petitioner submits that the petitioner is within the zone of consideration for promotion as Director of Factories and due to pendency of the disciplinary proceedings, there is every possibility of petitioner being denied of such promotion. 2. 3. 4 4. Learned Assistant Government Pleader for Services-ll 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. 5. 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 months in case of simple and six months in case of complicated. In the present case, though charge memo has been issued on 27.02.2024, the same relates back to the incident, which has occurred in the year 2020, 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. 6. Even a Coordinate Bench of this Court in W.P.No.17246 of 2024, though it was a case of pending inquiry in pursuant to charges, as the inquiry was not completed within the time frame fixed in pursuance to G.O.Ms.No.91 dated 22.09.2022 and in the guise of inquiry, the petitioner therein was not considered for promotion, by following the judgement of Division Bench in Government of Andhra Pradesh v. A.Rajeswara Reddy case issued the following directions; “8. In Government of A.P., vs. A.Rajeswara Reddyl, it was held that the disciplinary proceedings initiated against an employee of Government are to be completed within three months in simple cases and in six months in case of complicated cases, as per the 5 policy decision taken by the Government in G.O.Ms.No.679, General Administration (Services-C) Department, dated 01.11.2008. The Division Bench also directed the concerned Authorities to consider the case of the employee for promotion without reference to the pending disciplinary proceedings, while upholding the order of the Administrative Tribunal. 9. Case at hand, as referred to supra, though the disciplinary proceedings were initiated on 29. 06.2022, inquiry is not concluded so far. 10. Given the facts and circumstances of the case coupled with the judgment referred to supra, the Writ Petition is disposed of with the consent of learned counsel on either side at the admission stage, directing the respondent authorities to consider the petitioner’s case for promotion without reference to disciplinary proceedings initiated vide G.O.Rt.No.482, dated 29.06.2022, if the petitioner possesses other requisite qualifications, as per law. No order as to costs. ” 7. In view of the same, the writ petition is disposed of with the following directions: “The respondents, without reference and without taking into account or consideration of the charge memos vide G.O.Rt.No.180 Labour, Factories, Boilers and IMS (IMS&VIG) Department dated 27.02.2024, are directed to consider the case of the petitioner for promotion, if he is found fit for promotion in accordance with law. Further, the respondents are also directed to complete the inquiry within a period of four (04) months from the date of receipt of a copy of this order.” 8. Accordingly, the Writ Petition stands disposed of. There shall be order as to costs. no 6 As a sequel, miscellaneous applications, pending if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGIS^R ;/ i //TRUE COPY// SECTrON OFFICER To, 1. The Special Chief Secretary Labour, Factories, Boilers and IMS Department, State of A P, A.P. Secretariat, Velagapudi, Guntur District. 2. Director of Factories, Andhra Hospitals, Extension Building, Opposite Govt. High School, Gollapudi, Vijayawada, NTR District. 3. One CC to Sri Chilamkurthi Satya Dev Naidu, Advocate [OPUC] 4. Two CCs to GP for Services II, High Court of Andhra Pradesh [OUT] 5. Two CD Copies Cnr Note : Cause title is amended as per Court Order dated.25.07.2025 in I.A. No.2 of 2025. Substitute this amended order in place of earlier order which was dispatched on 07.08.2025) Sd/- M. SRINIVAS ASSISTANT REGISTRAR HIGH COURT DATED:11/07/2025 25/07/2025 anos^ 12 AUG ?n« ^ . Current Section * (? AMENDED ORDER WP NO. 17555 OF 2025 X o. DISPOSING OF THE W.P. WITHOUT COSTS