APHC010434792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r ■i. THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22046 OF 2025 Between: K Thippe Swamy, S/o K.Gangappa, aged 55 years R/o DNDL Smart City Nallapadu, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, represented by Its Special Chief Secretary, Department of General Administration (SER and HRM), at Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Chief Commissionerof Land Administration,Mangalagiri,Guntur Dist. 3. The Ex-Officio Secretary to Government, Department of B C Welfare at Secretariat, Amaravathi, Guntur District 4. The District Collector Ananthapuramu, District at Ananthapuramu. 5. The Joint Collector cum Enquiry Officer, Ananthapuramu. ...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 or Writs, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in not passing orders in the enquiry pending against the petitioner by considering his explanation dated 10.12.2024 as per the rules in force as bad, arbitrary, violative of Arts. 14, 16 and 21 of the Constitution of India apart from the pbject of service jurisprudence and also AP CCA Rules, 1991. ,.v. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated ‘VrS. ■ - m the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the case of the petitioner for next promotion as Asst. Secretary, now when the DPC in constituted in the interests of justice and fair play. Counsel for the Petitioner: SMT M VIDYAVATHI Counsel for the Respondents: GP FOR SERVICES I Counsel for the Respondents: GP FOR SERVICES II The Court made the following order: APHC010434792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22046/2025 Between; 1.K THIPPE SWAMY, SI O K.GANGAPPA, AGED 55 YEARS R/0 DNDL SMART CITY, NALLAPADU, GUNTUR DISTRICT . ...PETITIONER AND ITS SPECIAL CHIEF GENERAL ADMINISTRATION 1.THE STATE OF AP, REPRESENTED BY SECRETARY, DEPARTMENT OF (SER AND HRM), AT SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT COMMISSIONER OF LAND ADMINISTRATION 2.THE CHIEF MANGALAGIRI, GUNTUR DIST. 3.THE EX OFFICIO SECRETARY TO GOVERNMENT, DEPARTMENT OF B C WELFARE AT SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT 4.THE DISTRICT COLLECTOR ANANTHAPURAMU, DISTRICT AT ANANTHAPURAMU 5.THE JOINT COLLECTOR ANANTHAPURAMU. CUM ENQUIRY OFFICER, ...RESPONDENT{S); Counsel for the Petitioner: 1.M VIDYAVATHI 2 Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.GP FOR SERVICES II The Court made the following: 3 >■ THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.22046 OF 2025 ORDER:- The present writ petition is filed questioning the action of the Respondents in not concluding the enquiry against the Petitioner based on the charge memo in Rc.No.2626/2022/Ser.l dated 28.08.2022 in terms of General Administration (SER.C) Department dated 10.06.1999, as illegal and arbitrary and consequently direct the Respondents to conclude the enquiry expeditiously. G.O.Ms.No.257 The facts leading to the filing of the writ petition are as follows;- 2. The Petitioner was initially appointed as Junior Assistant i.e., Director of Municipal Administration in the year 2001. Thereafter, the Petitioner was transferred to the A.P. Secretariat as Section officer. Higher Education Department in the year 2010. Thereon, the 1"' Respondent sent the Petitioner Kambadur Mandal, Ananthapuram District, for training as Revenue to Inspector. Again the Petitioner was allotted to Ananthapuram District to undergo Tahsildar training for a period of two years. The 2"^"^ Respondent vide proceedings dated 29.10.2021 has directed the 4 Respondent-Distr ict Collector to issue posting orders to the Petitioner as independent Tahsildar of a Mandal. Thereafter, the Petitioner was transferred to Kundurpi Mandal, Ananthapuram District. While the Petitioner was working at Kundurpi Mandal, Ananthapuram District he was served with a charge memo and placed under vide Collector Respondent-District the 4 suspension by 4 Rc.No.2626/2022/Ser.l dated 28.08.2022 alleging procedural lapses on his part in effecting mutation process of lands of public from January 2022 to May 2022. On the representation of the Petitioner, the 2^^ Respondent revoked his suspension and reinstated into service pending finalisation of the disciplinary case. The Petitioner was posted as Section Officer in A.P. Secretariat in the Department of B.C. Welfare in December 2023 and since then he is working as such till now. The Petitioner claims that he is due for promotion to the post of Assistant Secretary, however, on account of pendency of departmental proceedings, his case is not being considered. The Petitioner submitted an explanation dated 10.12.2024 to the enquiry officer, Respondent herein and requested to drop the further proceedings in the matter, but the Respondents did not take any action. 3. 4. 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. 5 Learned Assistant Government Pleader appearing for respondentson 5. the other hand submits that enquiry would be concluded as expeditiously as possible. In view of aforesaid submissions, with the consent of both the learned 6. 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 Assistant Secretary 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. 7. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K TATA RAO “eput^istr, -CTtON OFFICER //TRUE COPY// To, 1. The Special Chief Secretary, Department of General Administration (SER and HRM), State of Andhra Pradesh, at Secretariat, Velagapudi, Amaravathi, Guntur District The Chief Commissioner of Land Administration, Mangalagiri, Guntur Dist. The Ex-Officio Secretary to Government, Department of B C Welfare at Secretariat, Amaravathi, Guntur District The District Collector Ananthapuramu, District at Ananthapuramu The Joint Collector cum Enquiry Officer, Ananthapuramu. One CC to Smt M Vidyavathi, Advocate [OPUC] Two CCs to GP for Services - I, High Court of Andhra Pradesh [OUT] Two CCs to GP for Services - II, High Court of Andhra Pradesh [OUT Two CD Copies 2. 3. 4. 5. 6. 7. 8. 9. RAM HIGH COURT DATED:21/08/2025 5 n SEP 2025 1] Current Section . ORDER WP NO. 22046 OF 2025 DISPOSING OF THE WP WITHOUT COSTS