Extracted from the PDF above. The PDF is authoritative.
pAPHC010417422025
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: 21289/2025 Between:
1. P V K BHASKAR, S/O SATYANARAYANA MURTHY, AGE 58 YEARS, PRESENTLY WORKING AS SUPERINTENDENT ENGINEER, AT ANDHRA PRADESH CAPITAL REGIONAL DEVELOPNNENT 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, GUNTUR DISTRICT.
2. THE ENGINEERINCHIEF, PUBLIC HEALTH AND MUNICIPAL ENGINEERING DEPARTMENT
OPP MANIPAL HOSPITAL, TADEPALLI, GUNTUR 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.21289 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.768 Municipal Administration & Urban Development (Vig.II) Department, dated 04.10.2024 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 to the filing of the writ petition are as follows: The Petitioner was initially appointed as Assistant Executive Engineer in the year 1993. Thereafter he was promoted as Deputy Executive Engineer in the year 2002 and was promoted as Executive Engineer in the year 2009. Subsequently, he was promoted as Superintending Engineer in the year 2019. Presently, he is working at Andhra Pradesh Capital Regional Development Authority (APCRDA) as a Superintendent Engineer. 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.768, dated 04.10.2024. Thereafter, the Petitioner submitted statement of defence refuting the aforesaid charge and enquiry is stated to be pending. Petitioner is now due for promotion to the post of Chief Engineer,
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 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.
4. Learned Assistant Government Pleader appearing for respondents on the other hand submits that enquiry would be concluded as expeditiously as possible.
5. 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 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.
6. 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
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION No.21289 of 2025
Date: 12.08.2025
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