APHC010414052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21161/2025 Between: 1. CHILUKURI DHANUNJAYA, S/O THIRUPATHAIAH, AGE 60 YEARS, PRESENTLY WORKING AS SUPERINTENDENT ENGINEER, AT ANDHRA PRADESH CAPITAL REGIONAL DEVELOPMENT AUTHROITY(APCRDA). ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (VIG-II) DEPARTMENT, AP GOVT SECRETARIAT, SECRETARIAT BUILDINGS VELAGAPUDI, AMRAVATI, KRISHNA DISTRICT. 2. THE ENGINEERINCHIEF, PUBLIC HEALTH MUNICIPAL ENGINEERING DEPARTMENT, OPP MANIPAL HOSPITAL, TADEPALLI, KRISHNA DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. S SRINIVASA 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.21161 OF 2025 ORDER:- The present Writ Petition is filed questioning the action of the Respondent No.1 in not concluding the disciplinary proceedings against the Petitioner based on the charge memo in G.O.Rt.No.384 Municipal Administration & Urban Development (Vig.I) Department, dated 25.04.2018 in terms of G.O.Ms.No.257 General Administration (SER.C) Department dated 10.06.1999, as illegal and arbitrary and consequently direct the Respondents to conclude the enquiry expeditiously. 2. The facts leading for filing the Writ Petition are as follows:- The Petitioner was initially appointed as Assistant Executive Engineer in the year 1989. Thereafter he was promoted as Deputy Executive Engineer in the year 2000 and was promoted to the post of Executive Engineer in the year 2008. Subsequently, he was promoted to the post of Superintending Engineer in the year 2018. Presently, he is working at Andhra Pradesh Capital Regional Development Authority (APCRDA) as a Superintending Engineer. 3. While so, a charge memo was issued by Respondent No.1 against the Petitioner alleging certain irregularities and initiated disciplinary proceedings under Rule 20 of A.P.Civil Services (CC&A) Rules, 1991 and issued Article of Charges vide G.O.Rt.No.384, dated 25.04.2018. Upon completion of enquiry, an enquiry report was submitted on 30.09.2019 holding that the charges against the petitioner were not held proved. However, there was no further progress thereon. Petitioner claims that he is due for promotion to the post of Chief Engineer, however, on account of pendency of departmental proceedings, his case is not being considered. 4. Learned counsel for the Petitioner submits that the Government has 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 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. 5. Learned Assistant Government Pleader appearing for respondents on the other hand submits that enquiry would be concluded as expeditiously as possible. 6. In view of aforesaid submissions, with the consent of both the learned counsel, the Writ Petition is disposed at admission stage, directing the Respondents to consider the case of the Petitioner for promotion to the post of Chief Engineer in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, if Petitioner is otherwise, in the zone of consideration with requisite qualifications. Further, the Respondents are directed to take note of the enquiry report dated 30.09.2019 holding that the charges against the petitioner were not proved while considering the Petitioner for promotion. 7. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 12.08.2025 Ivd THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.21161 of 2025 Date: 12.08.2025 Ivd