APHC010422262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI / (Special Original Jurisdiction) I ft I Ti o W I '-Vv: 4 WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21485 OF 2025 Between: T Mallikarjuna, S/o T. Rama Krishnaiah, Aged 60 years, Working Deputy Executive Engineer. HNSS Sub-division No 3, HNSS Division No 5, Guntakal, Anantapur district, R/o H.No. 87-1151, Nagi Reddy Revenue Colony, Nandyal road, Kurnool- 518003. as ...Petitioner AND 1. The State Of Andhra Pradesh, Rep by its Special Chief Secretary, Water Resources cum Irrigation Department, Velgapudi, Guntur district. 2. The Engineer in Chief Admn, Water Resources Department (Irrigation), Ho.No. 27-20-44, Jalasoudha Building Vekateswara Rao Street District. A.P. Secretariat, 4th Floor, Museum road, Govenorpeta, Vijayawada-520002, NTR / ...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 declare the action of the respondents the candidature of the petitioner for promotion to the in not considering post of Executive Engineer, on mere pendency of Charge Memo vide G.O.Rt.No.2046 Water Resources (VIG.II.(V and E)) Dept dated 18-10-2022, for the pertaining to the year 2016, denial of promotion is illegal, arbitrary, whimsical and in violation of Principles of Natural Justice and Consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Executive Engineer without reference to the pending Charge Memo vide G.O.Rt.No.2046 Water Resources (VIG.II.(V and E)) Dept dated 2022, on the same anaology of orders passed by this Honble Court in W.P.No. 18168 of 2025 dated 22-07-2025. incident 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 consider the candidature of the petitioner for promotion to the post of Executive Engineer in the existing vacancy, without reference to the charge memo vide G.O.Rt.No.2046 Water Resources (VIG.II.(V&E)>D^t dated 18- 10-2022 pending disposal of the above writ petition. Counsel for the Petitioner: SRI CHILAMKURTHI SATYA DEV NAIDU Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES II The Court made the following order: 1 APHC010422262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21485 OF 2025 Between: 1. T MALLIKARJUNA, S/o T. Rama Krishnaiah, Aged 60 years, Working as Deputy Executive Engineer. HNSS Sub-division No 3, HNSS Division No 5, Guntakal, Anantapur district, R/o H.No. 87-1151, Nagi Reddy Revenue Colony, Nandyal road, Kurnool- 518003. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Special Chief Secretary, Water Resources cum Irrigation Department, A.P. Secretariat, Velgapudi, Guntur district. 2. The EngineerinChief Admn, Water Resources Department (Irrigation), Ho.No. 27-20-44, Jalasoudha Building, 4th Floor, Govenorpeta, Museum road, Vekateswara Rao Street, Vijayawada-520002, NTR District. ...Respondents 2 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 may be pleased to issue a Writ Order or Direction more particularly one in the nature of Writ of declare the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Executive Engineer, on mere pendency of Charge Memo vide G.O.Rt.No.2046 Water Resources (VIG.II.(V and E)) Dept dated 18-10-2022, for the incident pertaining to the year 2016, denial of promotion is illegal, arbitrary, whimsical and in violation of Principles of Natural Justice and Consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Executive Engineer without reference to the pending Charge Memo vide Resources (VIG.II.(V and E)) Dept dated 18-10- 2022, on the same anaology of orders passed by this Honble Court in W.P.No. 18168 of 2025 dated 22-07-2025 and pass such Mandamus G.O.Rt.No.2046 Water 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 may be pleased to consider the candidature of the petitioner for promotion to the post of Executive Engineer in the existing vacancy, without reference to the charge memo vide G.O.Rt.No.2046 Water Resources (VIG.II.(V&E)) Dept dated 18- 10-2022 pending disposal of the above writ petition and to pass such 3 Counsel for the Petitioner; CHILAMKURTHI SATYA DEV NAIDU Counsel for the Respondents: GP FOR SERVICES II The Court made the following order: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO; 21485 OF 2025 ORDER: The present Writ Petition is filed seeking a direction to the Respondents Authorities to consider the claim of the petitioner for promotion to the post of Executive Engineer, by setting aside the Charge Memo issued on 18.10.2022 with regard to the incident pertaining to the year 2016, as illegal and arbitrary. 2. The petitioner while he was working as Deputy Executive Engineer, Irrigation Circle, WRD, Kadapa, has issued QC certificates relating to alleged Sub-standard quality of concrete work in Yerrakalava and Kalasapadu kalava irrigation channel walls, which allegedly resulted in rejection of work and caused a loss of Rs.20.12 lakhs in execution of the work “Restoration of Irrigation channels and improvements to bund of Racheruvu near Brahmanapalli Village of Kalasapadu Mnadal in YSR District”. It is alleged that the petitioner has committed dereliction of duties amounting to misconduct. Thereupon, the petitioner submitted a detailed written 3. statement dated 12.07.2023 to the Respondent authorities. explaining that the required strength was deviated by only 15 to 5 20% in some samples. He further contended that the walls in question have been functioning safely for the past five years without any damage. If at all the strength obtained by the V&E is real, the walls would have collapsed by now. Further most of the samples satisfied the required criteria, and only few samples deviated by 15 to 20 %, possibly due to the variation in construction material. In the interregnum, the promotion of the petitioner to the post of the Executive Engineer was deferred for the panel years 2022-2023, 2023-2024, 2024-2025 on account of pendency of departmental proceedings. As the case of the petitioner was neither considered for promotion on an adhoc basis nor Departmental Enquiry concluded despite the time frame fixed under G.O.Ms.No.91, dated 12.09.2022, the present writ petition is filed. 4. 5. Learned counsel for the petitioner contends that on account of criminal case and the subsequent Departmental Enquiry, the promotion of the case petitioner to the cadre of Executive Engineer was being deferred. Learned counsel further submits that as there is no seriousness on the part of the Department in 6 concluding the Departmental Enquiry, the case of the petitioner for promotion to the post of Executive Engineer should be considered. Learned Assistant Government Pleader, on instructions, submits that the case of the petitioner would be considered for promotion on adhoc basis pending finalization of the enquiry and the Respondent No.1 has initiated steps to that effect. 6. On perusal of the record, it is evident that there is no explanation for the pendency of the Disciplinary Proceedings from 2022 onwards, despite the issuance of G.O.Ms.No.91, dated 12.09.2022 issued by the Government fixing specific time frame and also warning the Enquiry Authority of Disciplinary Proceedings for non-compliance of the time frame for conclusion of Departmental Enquiry. 7. i Considering the factum that the petitioner has served all through in the Department and is in the zone of consideration for promotion, this Court is of the opinion that the case of the petitioner for promotion to the post of Executive Engineer should be considered in terms of G.O.Ms.No.257 dated 10.06.1999. 8. 7 9. Accordingly, the writ petition is disposed of with following directions; The Respondent Authorities are directed to consider the case of the petitioner for promotion to the post of Executive Engineer in terms of G.O.Ms.No.257 dated 10.06.1999 taking note of the delay in concluding the disciplinary enquiry and the long services rendered by the petitioner as expeditiously as possible. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending if any, shall stand closed. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFIt-FR To, 1. The Sp^ial*'Chief Secretary, Department, A.P. Secretariat, Velgapudi, Guntur district. 2. The Engineer in Chief Admn, Water Resources Department (Irrigation), 4th Floor, Museum road, Govenorpeta, Vijayawada-520002, NTR Water Resources cum Irrigation Ho.No. 27-20-44, Jalasoudha Building, Vekateswara Rao Street, District. 3. One CC to Sri. Chilamkurthi Satya Dev Naidu, Advocate [OPUC] 4. Two CCs to GP For Services II High Court of Andhra Pradesh [OUT] 5. Two CD Copies. AL HIGH COURT DATED: 13/08/2025 ORDER WP NO. 21485 OF 2025 ^ t5SEf20S S' ^ Current Section. DISPOSING OF THE W.P. WITHOUT COSTS