IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JANUARY In TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 57fi OF 2025 AIVIARAVAf>25W^ -O' > Vo .<a Between; P. Rajani, W/o. Ch.V.Surender Rao, Age 51 Director of Marketing, on O.D. as Special Grade Secretary, Agricultural Market Committee, Tadikonda, Guntur District. years. Working as Assistant ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Agriculture and Cooperation (Vig.ll) Department, A. P, Secretariat Velagapudi, Amaravathi, Guntur Dist. 2. The Director of Agricultural Marketing, Government of Andhra Chuttugunta, Guntur District. Pradesh, ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order or direction may more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not considering the case of the petitioner for Director in Marketing Department, promotion to the post of Deputy to enable her to function as Selection Grade Secretary in Agricultural Market Committee services on par with initiated by the dated 31-10-2013 on the file of Additional Junior Civil Judge, Repalle based on registration of FIR.40/2013, dated 28- 3-2013 in P.S. Repalle in _ without finalizing the said others the ground of pendency of Disciplinary Proceedings 2nd Respondent in Proceedings No.DS (2) 3334/2013, and C.C.218 of 2017 respect of same allegations and charges r Disciplinary Proceedings as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and contrary to the orders passed by the Honble Supreme Court of India in Chamanlal Goel s case reported in 1995 (2) see 570 and A. Rajeswara Reddys case reported in 2010 (4) ALT 374, Para-6 and also the orders passed by this Court in W.P. No. 19828/24, dated 10-9-2024 and consequentially declare that the petitioner is entitled for promotion to the post of Deputy Director of Marketing along with her Batchmates for the panel year 2013-2014. 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 issue an Interim direction directing the Respondents to consider the cases of the petitioner for promotion to the post of to the post of Deputy Director in Marketing Department; without reference to the Charge Memo issued in Proceedings No.DS (2) 3334/2013, dated 31-10-2013 and C.C.218 of 2017 on the file of Additional Junior Civil Judge, Repalle, based on registration of FIR.40/2013, dated 28- 3-2013 in P.S. Repalle in respect of same allegations and charges to enable the petitioner to continue Selection Grade Secretary in the AMC Services on par with others, pending disposal of the Writ Petition and to pass appropriate order or orders as this Hon’ble High Court may deems fit and proper in the circumstances of the case. Counsel for the Petitioner: SRI P. V. RAMANA Counsel for the Respondent Nos.1 & 2: SRI SARATH, AGP FOR SERVICES II as The Court made the following: ORDER APHC010010072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0!??:5 [3331] WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 576/2025 Between: 1.P RAJANI, W/0. CH.V.SURENDER RAO, AGE 51 YEARS, WORKING AS ASSISTANT DIRECTOR OF MARKETING, ON O.D. AS SPECIAL GRADE SECRETARY, AGRICULTURAL MARKET COMMITTEE, TADIKONDA, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL (VIG.LL) SECRETARY DEPARTMENT, A. P.SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DIST. AGRICULTURE AND COOPERATION 2.THE DIRECTOR OF AGRICULTURAL MARKETING, GOVERNMENT OF ANDHRA PRADESH, CHUTTUGUNTA,GUNTUR DISTRICT. ...RESPONDENT(S): 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 in not considering the case of the petitioner for promotion to the post of Deputy Director in Marketing Department, to enable her to function as Selection Grade Secretary in Agricultural Market Committee services on par with others the ground of pendency of Disciplinary Proceedings initiated by the 2nd Respondent in Proceedings No.DS (2) 3334/2013, dated 31-10-2013 and C.C.218 of 2017 on the file of Additional Junior Civil Judge, Repalle, based on registration of FIR.40/2013, dated 28- 3-2013 in P.S. Repalle in respect of Page 2 of 6 SRS,J W,P.No.576 of 2025 finalizing the said Disciplinary same allegations and charges without Proceedings as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and contrary to the orders passed by the Honble Supreme Court of India in Chamanlal Goel’s case reported in 1995 (2) SCC 570 and A. Rajeswara Reddy’s case reported in 2010 (4) ALT 374, Para-6 and also the orders passed by this Court in W.P. No. 19828/24, dated 10-9- 2024 and consequentially declare that the petitioner is entitled for promotion to the post of Deputy Director of Marketing along with her Batchmates for the panel year 2013-2014 and to pass such 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 be pleased to issue an Interim direction directing the Respondents to consider the cases of the petitioner for promotion to the post of to the post of Deputy Director in Marketing Department, without reference to the Charge Memo issued in Proceedings No.DS (2) 3334/2013, dated 31-10-2013 and C.C.218 of 2017 on the file of Additional Junior Civil Judge, Repalle, based registration of FIR.40/2013, dated 28- 3-2013 in P.S. Repalle in respect of enable the petitioner to continue as on same allegations and charges to Selection Grade Secretary in the AMC Services on par with others, pending disposal of the Writ Petition and to pass appropriate order or orders as this Hon’ble High Court may deems fit and proper in the circumstances of the case. Counsel for the Petitioner: 1. P V RAMANA Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following: :: ORDER :: Heard Sri P.V. Ramana, learned counsel for the petitioner and Sri Sarath, learned Assistant Government Pleader for Services - II appeared for respondents. SRS,J W.P.No.576 of 2025 2. A charge memo vide No.DS (2) 3334/2013, dated 31.10.2013 (Ex.P6) was issued against the petitioner. The petitioner submitted a written defence dated 03.11.2013 (Ex.P7). The inquiry officers submitted a report to the disciplinary authority vide Letter No:JDMA/JA/A/148/2013, dated 12.01.2018 (EX.P12). The petitioner submitted objections dated 21.05.2019 (Ex.P13). The disciplinary authority remitted the matter to the inquiry officer vide Memo No.4781/Vig.ll(1)/2013, dated 11.06.2021 (Ex.P14). Thereafter, a memo vide No.JDM/VJA/A/148/2013, dated 01.12.2023 (Ex.P15) was issued, directing the petitioner to attend the inquiry scheduled on 08.12.2023. 3. On a similar set of facts, a case in Cr.No.40 of 2013 for the offences punishable under Section 409, 420, 467, 468, 471, 379 r/w 34 of IPC was registered against the petitioner and two others. A charge sheet was filed on the file of the learned Addl. Junior Civil Judge, Repalle and the same was numbered as C.C.No.218 of 2018. Learned counsel for the petitioner would submit that despite the G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008 and G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022, fixing timelines to complete the inquiry within six months in complicated and three months in simple cases respectively, the inquiry has not been concluded by the respondent authorities. Learned counsel also would submit that though the petitioner is eligible for promotion, the respondent authorities are not considering the case of the petitioner for promotion, due to the pendency of the aforementioned charge memo and a criminal case. 4. 5. Learned Assistant Government Pleader for Services would submit that the respondent authorities will conclude the inquiry in terms of G.O.Ms.No.91 ^.^.^General Administration (Ser.C) Department, dated 12.09.2022. SRS,J W.P.No.576 of 2025 from the material available on record, there Is no dispute disciplinary proceedings against the petitioner and irv officer vide Ex.P14 Thus, as seen 6. regarding the issuance of disciplinary authority remitting the matter to the inquiry _ issued to the petitioner to attend the inquiry the on and thereafter, a memo was 08.12.2023. However, the inquiry has not been concluded so far. . Chaman Lai Goyal\ the Hon ble In State of Punjab and Others v Apex Court observed as follows; 7. At the same time, it is directed that the respondent should be considered forthwith for promotion without reference to and without taking into consideration the charges or enquiry and if he is found fit for promotion immediately.” the pendency of the said he should be promoted Pradesh represented by its Principal In The Government of Andhra , Revenue Department and another v. A.Rajeswara Reddy, Bench of Composite High Court observed as 8. Secretary Deputy Collector^ the Division follows: did not complete the departmental after lapse of more than one " Since the petitioners proceedings against the respondent even and half years, the Tribunal has rightly directed consideration of the of the respondent for promotion without reference to the pending disciplinary proceedings, and no interference is called for with the said case order.” Ordinarily, an employee will not be disciplinary proceedings are allegations. However, an employee disciplinary proceedings pending for unduly long periods. considered for promotion if 9. initiated against him based on serious cannot be denied promotion by keeping the ^ (1995) 2 Supreme Court Cases 570 ^2010 (4) ALT 374 ; SRS,J W.P.No.576of 2025 i?-’ In the case at hand, on a similar set of facts, a criminal case vide C.C.No.218 of 2018 was registered against the petitioner and two others, wherein the petitioner is shown as accused No.3. The criminal case is pending on the file of the learned Addl. Junior Civil Judge, Repalle. However, the docket proceedings of said criminal case, was not filed before this Court. 10. 11. The respondent authorities failed to adhere to the time limits fixed in G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008 and G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022. For the lapses of the disciplinary authority in completing the inquiry, the petitioner shall not be penalized. However, one should not forget the fact that criminal case against the petitioner is still pending. The Government issued G.O.Ms.No.257 General Administration (Ser.C) Department dated 10.06.1999 to meet such a contingency. Given the facts and circumstances of the case, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the learned respondent No.1 to consider the case of the petitioner for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, if the petitioner’s case is in the zone of consideration, without reference to the aforementioned charge memo as and when the DPC is conducted. There shall be no order as to costs. 12. As a sequel, pending miscellaneous petitions, if any, shall stand closed. VASA RAJU REGISTRAR Sd/-K.SRIN ASSISTANT / //TRUE COPY// OFFICER S To, 1. The Principal Secretary, Agriculture and Cooperation (Vig.ll) Department, State of Andhra Pradesh, A. P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director of Agricultural Marketing, Government of Andhra Pradesh, Chuttugunta, Guntur District. 3. One CC to Sri P. V. Ramana, Advocate [OPUC] 4. Two CCs to GP for Services-ll, High Court of Andhra Pradesh. [OUT] 5. Three CD Copies. ssb HIGH COURT DATED:08/01/2025 2 3 JAN 2025 } Current Section ’’n<2£?pat c ORDER ) WP.No.576 of 2025 Co/ ^3- DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS