»- - h * h APHC010367332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) aTO^ FRIDAY, THE TWENTY FIFTH DAY OF JULY ((x jff| TWO THOUSAND AND TWENTY FIVE -X* A) PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18932 OF 2025 Between: Smt. K.V. Balamani, W/o. B.Janarthan Rao, Aged about 47 years, Occ- Additional Child Development Project Officer, ICDS Project, Kurnool Project, Kurnool District, A.P. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Women and Child Welfare Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director, Women and Child Welfare Department, Jampani Towers, New Lie Office Building Guntur, Guntur District, A.P. 3. The District Collector, Srikakulam, Srikakulam District, A.P. 4. The Project Director, Women and Child Welfare and Employment Office, Srikakulam, Srikakulam District, A.P. ...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 Writ order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in ordering re-enquiry vide Proceedings No. 2424/2017/A.3 dt.08-11-2021 as 1 0 highly arbitrary, illegal, and contrary to the ARCS (CCA) Rules 1991 and Articles 14, 19, 21 of Constitution of India and consequently direct the respondents to drop the Charge Memo No.2424/2017/A3 dt. 17-09-2018along with re-enquiry Proceedings No. 2424/2017/A.3 dt. 08-11-2021 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 case of the Petitioner for promotion to the post of Assistant Project Director / Additional Project Director / Women Welfare Child Welfare and Empowerment Officer as per seniority without reference to the Charge Memo No.2424/2017/A3 dt. 17-09-2018 as well as re enquiry Proceedings No. 2424/2017/A3 dt.08-11-2021 pending disposal of the Writ Petition Counsel for the Petitioner: SRI M KESAVA RAO Counsel for the Respondents No.1 to 4: GP FOR SERVICES II The Court made the following order: APHC010367332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AWIARAVATI (Special Original Jurisdiction) [3460] 7 FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18932 OF 2025 Between; ...PETITIONER Smt. K.V.Balamani, AND ...RESPONDENT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner: 1.M KESAVARAO Counsel for the Respondent(S); 1.GP FOR SERVICES II The Court made the following; p THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18932 OF 2025 ORDER: The present Writ Petition is filed questioning the action of the Respondents in not ordering re-enquiry, vide Proceedings No.2424/2017/A3, dated 08.11.2021 as illegal and arbitrary. 2. The Petitioner while working as Child Development Project Officer was placed on suspension on 18.06.2018 and issued Charge Memo, vide proceedings, dated 17.09.2018, under Rule 20 of ARCS (CCA) Rules, 1991 alleging certain allegations. In the enquiry, the charges against the Petitioner were held to be ‘not proved’ as per report of the Enquiry Officers dated 20.05.2020. However, the disciplinary authority i.e Respondent No.3 ordered for re-enquiry vide Proceedings dated 08.11.2021, which is pending as on date. 3. The cause for filing the present Writ Petition is that the Petitioner had given representation dated 23.04.2025 to the Respondent No.2 requesting to consider the case of the Petitioner for promotion to the post of Assistant Project Director/ Additional Project Director/ Women Welfare Child Welfare and Empowerment Officer, as the same is not being considered by the Respondent Authorities. 4. Learned counsel for the Petitioner would submit that re-enquiry is not contemplated as per Rule 21 (i) of ARCS (CCA) Rules, 1991. Therefore, there is no bar for consideration of the Petitioner's case for promotion as the enquiry report held that the charges are ‘not proved’. 5. Learned Standing Counsel for the Respondents would submit that the enquiry is pending against the Petitioner, the case of the Petitioner for promotion will be considered subject to outcome of disciplinary proceedings as regards re-enquiry was ordered by the disciplinary authority. as 6. Heard respective counsel on both sides. 7. The Charge Memorandum was issued in the year 2018 and same is not concluded as on date. However, the case of the Petitioner could not consider for promotion to the said post, on account of pendency of disciplinary proceedings. Hence, the present Writ Petition came to be filed. 8. Learned counsel for the petitioner would contend Government has provided timeline for concluding departmental specifically three months in case of simple cases and six months in case of complex cases in terms of G.O.Ms.No.679 dated 01.11.2009 read with G.O.Ms.No.91 General Administration (SER.C) Department dated 12.09.2022 rather Respondents were not adhering the aforesaid timelines in concluding the enquiry, therefore. Petitioner cannot be denied his right to be considered for promotion. Even otherwise. Petitioner is entitled to be considered for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. that the enquiries « 9. Learned Assistant Government Pleader appearing for respondents the other hand submits that enquiry would be concluded as expeditiously on as possible. 10. Having heard the respective counsel, this Court is inclined to dispose of the Writ Petition, with the consent of both the counsel at admission stage, directing the Respondents to consider the case of the Petitioner for promotion to the post of Assistant Project Director/ Women Welfare, Child Welfare and Empowerment Officer/ Additional Assistant Project Director without reference to the charge memorandum, if Petitioner is otherwise, in the zone of consideration with requisite qualifications. Further, the Respondents are also directed toconclude the disciplinary proceedings within a period of six (06) months from the date of receipt of a copy of this order. 11. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR // ^ ^SECTION OFFICER //TRUE COPY// To, 1. The Principle Secretary, State of Andhra Pradesh, Women and Child Welfare Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director, Women and Child Welfare Department, Jampani Towers, New Lie Office Building Guntur, Guntur District, A.P. 3. The District Collector,Srikakulam,SrikakulamDistrict, A.P. 4. The Project Director, Women and Child Welfare and Employment Office, Srikakulam, Srikakulam District, A.P. 5. One CC to Sri M Kesava Rao Advocate [OPUC] 0 GP for Services II, High Court of Andhra Pradesh [OUT] 6. Two CCs to 7. Two CD Copies Gsg Note-. “Without reference to the charge memorandum" is adding the words of the operative portion in the order, as per Court’s Order dt. 03.G9.2025 in lA No. 2/2025. Substitute this amended order in Place of earlier order which has dispatched on 29.08.2025. Sd/- K TATA RAO DEPUTY REGISTRAR HIGH COURT DATED: 25/07/2025 03/09/2025 AMENDED ORDER WP NO. 18932 OF 2025 S' 18 SEP 2025 m 3r fo CJ Current aeciion patc ' DISPOSING THE WP WITHOUT COSTS