APHC010410782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No: 20971 OF 2025 Between: » P. Yusuf Khan, S/o. Jaffar Khan, aged 48 years, Occ: Panchayat Secretary Gr-ll Karkambadi Grampanchayat of Renigunta Mandal Chittoor District Now Tirupathi District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep by PrI Secretary, Panchayat Raj Rural Development Department, AP Secretariat, Amaravathi, Andhra Pradesh. 2. The Commissioner Panchayat Raj Rural Development Department, Government of Andhra Pradesh Tadapalli, Guntur District, A.P. 3. The District Collector (Pts), Chittoor District, Chittoor, Andhra Pradesh. 4. The District Panchayat Officer, Chittoor.District ...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 or writs more particularly in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not •promoting the petitioner to the post of Panchatat Secretary Grade-1 though several of his juniors were promoted in every batch of promotions under the guise of pendency disciplinary proceedings vide impugned GO Rt No.650 PR & RD(Vig) Department dated; 1-7-2015 though the enquiry was completed r* and report was submitted long back holding the charges are not proved against the petitioner by holding it as illegal, arbitrary, high handed and cannot be justified in the eye of law and consequently direct the respondents to promote the petitioner notionally to the ’ post of Panchayat Secretary Grade-1 in Zone-IV from the date his immediate juniors promoted to the post of Panchayat Secretary Grade-1 with all consequential benefits in the interest of justice. 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 Panchayat Secretary Grade-I in the existing vacancies in the promotions without reference to the pendency of disciplinary proceedings in GO Rt.No.650 PR&RD (Vig.lV) Department dt: 1-7 2015 in the interest of justice. Counsel for the Petitioner; SRI CH SRINIVAS Counsel for the Respondents: ASST.GP FOR SERVICES-I The Court made the following order: APHC010410782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20971 OF 2025 Between: ...PETITIONER P Yusuf Khan AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.CH SRINIVAS Counsel for the Respondent(S): 1.GPFOR SERVICES I The Court made the following: r THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20971 OF 2025 ORDER: The present Writ Petition is filed questioning the action of the Respondents in seeking to supersede the Petitioner in promotion to the post of Panchayat Secretary, Grade-I on account of pendency of disciplinary dated 01.07.2015 issued by the proceedings vide G.O.Rt.No.6504 Respondent No.1 as illegal and arbitrary. 2. The facts leading for filing the Writ Petition are as follows:- The Petitioner is working as Panchayat Secretary, Grade-ll at Bathalavallam Gram Panchayat, Varadaiahpalem Mandal, Chittoor District. While so, the Respondent No.1 had issued Charge Memo, vide G.O.Rt.No.650, dated 01.07.2015 alleging that he caused loss of revenue to a tune of Rs. 61,72,106 to the Government during the period 01.01.2014 to 17.11.2014. Though, the enquiry was completed long back and a enquiry report, vide proceedings, dated 15.04.2018 was also submitted holding that the charges against him were not proved. However, there is no progress in the disciplinary case, but the Respondent No.2 dragging on the issue by raising queries and continuing the disciplinary proceedings. The Petitioner is now due for promotion to the post of Panchayat Secretary, Grade-1, however, on account of pendency of departmental proceedings, his case is not being considered. 3. Learned counsel for the petitioner submits that the Government has provided a timeline for concluding departmental enquiries specifically three months in the case of simple cases and six months in case of complex cases G.O.Ms.No.679 dated 01.11.2009 read with G.O.Ms.No.91 in terms of General Administration (SER.C) Department dated 12.09.2022. However, the Respondents were not adhering to the aforesaid timelines in concluding the enquiry, therefore, the Petitioner cannot be denied his right to be considered entitled to be considered for for promotion. Even otherwise, the Petitioner is of G.O.Ms.No.257 General Administration (Ser.C) promotion in terms Department, dated 10.06.1999. 4. Learned Assistant Government Pleader appearing for Respondents, submits that the enquiry would be concluded as on the other hand expeditiously as possible. 5. Having heard the respective counsel and taking note of the fact that there is no progress in the departmental enquiry contrary to the time frame fixed vide G.O.Ms.No.91, dated 12.09.2022, this Court is inclined to dispose of the Writ Petition, with the consent of both the counsel at the admission stage with the following directions: (i) The Respondents are directed to consider the case of the Petitioner promotion to the post of Panchayat Secretary, Grade-1, in terms of General Administration (Ser.C) Department, 10.06.1999, if the Petitioner is otherwise, in the zone of consideration with the for dated G.O.Ms.No.257 r' requisite qualifications, after taking note of the Enquiry Report, delay in concluding the enquiry and the seriousness of charge against the Petitioner. (ii) The Respondents are also 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 the Enquiry Officer and Presenting Officer shall be answerable for the delay in concluding the enquiry within the time frame as mentioned above. 6. 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 sd^l^^FFlCER //TRUE COPY// To, Panchayat Raj & Rural Development Pradesh Secretariat, Velagapudi, 1. The Principal Secretary Department, State of Andhra Amaravathi, Guntur District. 2. The Commissioner Government of Andhra Panchayat Raj & Rural Development Department, Pradesh Tacjapalli, Guntur District, Andhra Pradesh. District Collector (Pts), Chittoor District, Chittoor, Andhra Pradesh. 3. The 4. The District Panchayat Officer, Chittoor District 5. One CC to Sri CH. Srinivas, Advocate [OPUC] GP for Services-I, High Court of Andhra Pradesh [OUT] 6. Two CCs to 7. Two CD Copies. gi HIGH COURT DATED:11/08/2025 ORDER WP No.20971 OF 2025 ^ 12 SEP 2025 jl;) urrent SectioaX^'^ DISPOSING THE WRIT PETITION WITHOUT COSTS i