m it- APHC010369262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19179 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 declaring the action of the 3rd respondent in issuing the impugned charge Memo vide Proceedings RC.No.857/A3/2 021 dt.26-11-2021 as highly arbitrary, illegal and contrary to the G.O.Ms.No.679 dt.01-11-2008 GAD (Services-C) Department, Circular Memo N0.10245/SER.C/A1/2010-1 dt. 07-02-2011 and G.O.Ms.No.91 dt. 07-02-2011 and G.O.Ms.No.91 dt. 12-09- 2022 and consequently set aside the impugned Charge Memo RC.No.857/A3/2021 dt.26-11-2021 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 RC.No.857/A3/2021 dt.26-11-2021 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: s APHC010369262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i [3460] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19179 OF 2025 Between: K V Balamani ...PETITIONER 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: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19179 OF 2025 ORDER:- The present Writ Petition is filed questioning the impugned Charge Memo vide Proceedings in Rc.No.857/A3/2021, dated 26.11.2021 issued by the Respondent No.3 as illegal and arbitrary. 2. The facts leading to file the present Writ Petition are as follows:- The Petitioner was appointed as Child Development Project Officer in the year 2009. Subsequently she was promoted as Additional Child Development Project Officer. While she was working as Child Development Project Officer, a Show-Cause Notice, dated 05.08.2021 issued by the Respondent No.3 alleging certain irregularities and she submitted explanation dated 11.10.2021 denying the allegations therein. 3. Inspite of explanation, a Charge Memo dated 26.11.2021 was issued under Rule 20 of ARCS (CCA) Rules, 1991 alleging that she failed to monitor and supervise the Anganwadi Centers as 160 boxes of ICDS Milk was caught by the Police and coming from ICDS Project of Veeraghattam. It was also alleged that there was tampering of FCR’s in Anganwadi Centers. 4. The Petitioner also submitted her explanation dated 21.01.2022 to the disciplinary authority - cum- District Collector. After a lapse of three years, an enquiry officer was appointed in the year 2025, but there was no further progress in the disciplinary enquiry. The Petitioner is now eligible for promotion to the post of Assistant Project Director/ Additional Project Director/ Women Welfare Child Welfare and Empowerment Officer. However, of the Petitioner was not being considered for the case promotion to the said post, on account of pendency of disciplinary proceedings. Hence, the present Writ Petition came to be filed. 5. Learned counsel for the petitioner submits that the Government provided timeline for concluding departmental enquiries 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 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 has General promotion. Even otherwise. Petitioner is entitled to be considered for promotion in terms of G.O.Ms.No.257 General Administration 10.06.1999. (Ser.C) Department, dated 6. Learned Assistant Government Pleader appearing for respondents on the other hand submits that enquiry would be concluded as possible. as expeditiously 7. Having heard the respective counsel and taking note of the fact that there is no progress in the departmental as fixed vide G.O.I\/ls.No.91, dated 12.09.2022 enquiry is contrary to the time frame this Court is inclined to dispose of the Writ Petition, with the consent of both the counsel at admission stage, with following directions: (i) The Respondents are directed 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 in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, 10.06.1999, if Petitioner is otherwise, in the zone of consideration with requisite qualifications, taking note of the fact that Charge against Petitioner is one regarding lack of supervision only. dated (ii) The Respondents are further directed to conclude the disciplinary proceedings within a period of six (06) months from the date of receipt of a copy of this order. (iii) The disciplinary authority as well as Enquiry Officer and Presenting Officer shall be personally answerable, in the event enquiry is not concluded within the time frame referred above. 8. 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 wbP^ER //TRUE COPY// To, SECTI 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, Srikakulam District, A.P. 4. The Project Director, Women and Child Welfare Office, Srikakulam, Srikakulam District, A.P. 5. One CC to SRI M KESAVA RAO Advocate [OPUCJ 6. Two CCs to GP FOR SFRVirp<5 ii u- u ^ [OUT] t'ERVICES II High Court of Andhra Pradesh 7. Two CD Copies and Employment gsg HIGH COURT DATED: 28/07/2025 ORDER WP NO. 19179 OF 2025 I 2 9 AtiG 2025 mi ^ . Current Section . ^ DISPOSING THE WP WITHOUT COSTS