/ APHC010432472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22390 OF 2025 Between: Shaik Zeelani Basha, S/o Late S. Murad Shavali, Age 61 years, Working as Deputy Executive Engineer, M.l. Sub-division, Pathikonda, Kurnool District, R/o D.No. 86/366-6-A-4 ward.no. 86, B camp, kurnool, Kurnool district. Doctors Colony, Revenue ...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 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. 796 Revenue (Vigilance-1) Dept dated 13-11- 2024, for the incident pertaining to the year 2013, 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. 796 Revenue (Vigilance-1) Dept dated 13-11-2024, on the same anaology of orders passed by this Honble Court in W.P.No. 18168 of 2025 dated 22-07-2025. ► 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. 796 Revenue (Vigilance-1) Dept dated 13-11-2024 pending disposal of the above writ petition. Counsel for the Petitioner: SRI POONDLA J S ROHITH Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES II The Court made the following order: Jl APHC010432472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22390/2025 Between: 1.SHAIK ZEELANI BASHA, S/0 LATE S. MURAD SHAVALI AGE 61 YEARS, ENGINEER, M.L. SUB-DIVISION, PATHIKONDA, KURNOOL DISTRICT, R/0 D.NO. 86/366-6-A-4 REVENUE WARD.NO. 86, B CAMP, KURNOOL, KURNOOL DISTRICT. WORKING AS DEPUTY EXECUTIVE DOCTORS COLONY, ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT, A.P. SECRETARIAT, VELGAPUDl, GUNTUR DISTRICT. WATER RESOURCES CUM IRRIGATION 2.THE ENGINEERINCHIEF ADMN, WATER RESOURCES DEPARTMENT (IRRIGATION), JALASOUDHA BUILDING, 4TH FLOOR, MUSEUM ROAD, GOVENORPETA, 27-20-44, HO.NO. VEKATESWARA RAO STREET, VIJAYAWADA-520002, NTR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the 1 r High Court may be pleased to issue a Writ Order or Direction more particulalry one in the nature of Writ of Mandamus 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. 796 Revenue (Vigilance-1) Dept dated 13-11- 2024, for the incident pertaining to the year 2013, denial of promotion is illegal, arbitrary, whimsical and in violation of Principles of Natural Justice and Consequently direct 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. 796 Revenue (Vigilance-1) Dept dated 13-11-2024, on the same anaology of orders passed by this Honble Court in W.P.No. 18168 of 2025 dated 22-07-2025 and to pass lA NO: 1 OF 2025 the that in the Petition under Section 151 CPC praying 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 without reference to the charge memo vide 13-11-2024 existing vacancy G.O.Rt.No.796 Revenue (Vigilance-1) Dept dated pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.POONDLA J S ROHITH Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following: HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No: 22390 of 2025 ORDER: The present Writ Petition is filed declaring 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 dated 13.11.2024 as illegal and arbitrary. 2. The Petitioner was worked as Deputy Executive Engineer 23.07.2019 and subsequently, he was from 11.12.2013 to transferred to M.l. Division Kurnool. While so, the 3'^^ Respondent disciplinary proceedings vide G.O.Ms.No.241 initiated common (Vigilance-1) Department dated 30.10.2024 and pursuant to the vigilance report. Article of charge vide G.O.Rt.No.796 (Vigilance-1) Department dated 13.11.2024 was issued to Revenue Revenue the Petitioner. The Article of Charge is that the Petitioner while functioning as Deputy Executive Engineer, K.C.Canal, Special Sub-Divislon from initiate action to evict encroachment on 3. 11.12.2013 failed to K C.Canal land in Sy.Nos.508, 509, 510, 511, 514 and 515. Thus committed dereliction of duties amounting to the Petitioner miscdnduct. 4. It is stated that despite submission of written statementby the Petitioner, there is no progress in the disciplinary proceedings. While so, the promotion for the post of Executive Engineer are being considered and the apprehension of the Petitioner is that his would not be considered for promotion in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition is filed. case 5. Learned counsel for the Petitioner submits that Charge against the Petitioner is concerned, neither allegation of any loss to the Government nor an explanation as to why there was delay of more than 10 years in issuing the Charge Memo. He further submits that the charge made against the Petitioner is trivial in nature and the delay is inexplicable. Learned Assistant Government Pleader would contend that the case of the Petitioner would be considered in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 6. 10.06.1999. 7. Having heard the respective submissions, this Court is of the opinion that the allegation against the punishment in the charge sheet is only with regard to supervisory lapses and do not be grave to dodge the promotion. appear to 8. Considering the delay in initiation of the disciplinary enquiry and triviality of the charge framed against the Petitioner, this Writ Petition is disposed of in the following terms; i) The Respondents are directed to consider the Petitioner’s case for promotion to the Post of Executive Engineer taking note of inexplicable delay in initiating disciplinary enquiry and the nature of charge being trivial in terms of G.O.Ms.No.257 Administration (Ser.C) Department, dated 10.06.1999. General ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K TATA RAO DE^TY^GiSTRAR S^TION OFFICER //TRUE COPY// To, 1. The Special Chief Secretary, Water Resources cum Irrigation 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 Ho.No. 27-20-44, Jalasoudha Building, Vekateswara Rao Street, District. 3. One CC to Sri. Poondia J S Rohith, Advocate [OPUC] 4. Two CCs to GP For Services II High Court of Andhra Pradesh [OUT] 5. Two CD Copies. AL ¥ r ✓ ■j HIGH COURT DATED:22/08/2025 ORDER WP NO. 22390 OF 2025 I DISPOSING OF THE W.P. WITHOUT COSTS