H S H N 1 I APHCO10413782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) B;*0 0f MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No: 21591 OF 2025 Between: Pagadam Nageswara Rao, S/o. Bikshamaiah, Aged about 61 9-1-249/5, Vasavi Nagar, Back of CSI Church, Jangareddygudem Village and Mandal West Godavari District, A. P-534447. years, R/o. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Panchayat Raj & Rural Development Department, Pathuru Road, Tadepalli, Guntur District - 522501. 3. The Director, Panchayat Raj and Rural Development Department, Pathuru Road, Tadepalli, Guntur District - 522501. 4. The District Collector, Eluru, West Godavari District at Eluru. 5. The District Panchayat Officer, Eluru, West Godavari District at Eluru. to ...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 more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents is not considering the case of the petitioner for promotion to the next higher post the ground that disciplinary action is pending is v/hoNy illegal, arbitrary and on f violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the name of the petitionerfor promotion to the next higher post as per G.O.Ms.No.257, General Administration (SER.C) Department, Dated 10-06-1999 along v\/ith pay scales and back wages. 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 representation dt. 18-06-2025, for promotion to the post of MPDO as per G.O.Ms.No.257 General Administration (SER.C) Department, Dated 10-06-1999. Counsel for the Petitioner: SRI B.VAMSI KRISHNA Counsel for the Respondents: GP FOR SERVICES-I The Court made the following order: f APHC010413782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21591/2025 Between: 1.PAGADAM NAGESWARA RAO, S/0. BIKSHAMAIAH, AGED ABOUT 61 YEARS, R/0. 9-1-249/5, VASAVI NAGAR, BACK OF CSI CHURCH, JANGAREDDYGUDEM VILLAGE AND MANDAL WEST GODAVARI DISTRICT, A. P-534447. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE COMMISSIONER. PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, PATHURU ROAD, TADEPALLI, GUNTUR DISTRICT - 522501 3.THE DIRECTOR, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, PATHURU ROAD, TADEPALLI, GUNTUR DISTRICT - 522501 4.THE DISTRICT COLLECTOR, ELURU, WEST GODAVARI DISTRICT AT ELURU. 5.THE DISTRICT PANCHAYAT OFFICER, ELURU, WEST GODAVARI DISTRICT AT ELURU. ...RESPONDENT(S): 2 r 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 more particularly one in the nature of Writ of Mandamus declaring the action of the respondents is not considering the case of the petitioner for promotion to the next higher post on the ground that disciplinary action is pending is wholly illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the name of the petitioner for promotion to the next higher post as per G.O.Ms.No.257, General Administration (SER.C) Department, Dated 10-06-1999 along with pay scales and back wages and pass s 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 representation dt. 18-06-2025, for promotion to the post of MPDO as per G.O.Ms.No.257 General Administration (SER.C) Department, Dated 10-06-1999 and pass Counsel for the Petitioner: 1.B VAMSI KRISHNA Counsel for the Respondent(S): 1.GP FOR SERVICES I 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21591/2025 ORDER: 1. The present Writ Petition is filed to declare the action of the Respondents in initiation and continuation of disciplinary proceedings vide Charge Memo No.12643/CPR&RE/E3.Vig/2012, dated 10.03.2014, as illegal and arbitrary and consider the case of the Petitioner for promotion to the post of MPDO. 2. The facts leading to the filing of the writ petition are as follows; The Petitioner is currently working as Panchayat Secretary Grade-1 (PR & RD), O/o Lakkavaram Gram Panchayat Office, Jangareddygudem Mandal Eluru District. It is stated that he is eligible and qualified for promotion to the post of MPDO. While so, a Charge Memo was issued to the Petitioner vide No.12643/CPR&RE/E3.Vig/2012, dated 10.03.2014, Charge Memo whereunder two charges were framed against him. 3. Charge No.1 pertains to irregularities in opening/maintaining and allowing the maintenance of a bank account and making transactions of the Gram Panchayat in a Bank other than treasury accounts in violation of Rule 37 of the rules issued in G.O.Ms.No.30 Panchayat Raj and Rural Development Department dated 20.01.1995, while working as Panchayat Secretary, Gram Panchayat, Jangareddigudem for the period frpm 19.07.2005 to 10.06.2007. The second charge is only a reiteration of the first charge. 4. It is stated that even after a lapse of 11 years, the enquiry has not been completed. While so, promotions to the post of MPDO are being considered and the apprehension of the Petitioner is that his case would not be considered for promofion in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed. 5. Learned counsel for the Petitioner submits that insofar as the charges against the Petitioner are concerned, there is neither any allegation of loss to the Government nor any explanation as to why there has been a delay of more than 11 years in concluding the disciplinary proceedings. He further submits that the charge against the Petitioner pertains only to irregularities in opening/maintaining and allowing the maintenance of the Gram bank account and making transactions of the Gram Panchayat Panchayat in a Bank other than treasury accounts and in that context, the prolonged delay inexplicable. IS 6. Learned Assistant Government Pleader Petitioner cannot would contend that the raise the issue of challenge to the Charge Memorandum after having participated in the enquiry and as regards the issue of promotion, he submits that his case would be considered in terms of General Administration (Ser.C) Department G.O.Ms.No.257, dated 10.06.1999. 5 Having heard the respective submissions, this Court is of the opinion 7. that the case of the Petitioner for the post of MPDO should be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999 and Writ Petition is disposed of with the following directions; i) The Respondents will take note of the trivial charge against the Petitioner and the abnormal delay of more than 11 years in concluding the disciplinary proceedings against the Petitioner while considering the case of the Petitioner for promotion to the post of MPDO, in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. 8. Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SEGTION OFFICER To, 1. The Principal Secretary to Government, Development Department Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Panchayat Raj & Rural Development Department, Pathuru Road, Tadepalli, Guntur District - 522501. • 3. The Director, Panchayat Raj & Rural Development Department, Pathuru Road, Tadepalli, Guntur District - 522501. 4. The District Collector, Eluru, West Godavari District at Eluru. 5. The District Panchayat Officer, Eluru, West Godavari District at Eluru. 6. One CC to Sri B.Vamsi Krishna, Advocate [OPUC] 7. Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. Panchayat Raj & Rural State of Andhra Pradesh Secretariat, ssb W r HIGH COURT DATED:18/08/2025 ORDER WP No. 21591 OF 2025 S( 2 I AUG 2025 )S V S«ctioDX^^ DISPOSING THE WRIT PETITION WITHOUT COSTS