1 APHC010439242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22612/2025 Between: 1. KAKANI KANTHIMATHI,, D/O LATE KAKANI RAJENDRA PRASAD, AGED 60 YEARS, WORKING AS SUPERINTENDANT ENGINNER, KOTHAGARAHARAM, VIZIANAGARAM ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY TO GOVERRNMENT, TRANSPORT, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, AMARAVATHIA/ELAGAPUDI, GUNTUR DISTRICT. 2. THE ENGINEERINCHIEF, R AND B (ADMINISTRATION), 5TH FLOOR, STATE HOD'S BUILDING COMPLEX, M.G. ROAD, VIJAYAWADA, KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. SARMA C V S S 2 Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.22612 of 2025 ORDER: The present Writ Petition is filed to declare the action of the Respondents in initiation and continuation of disciplinary proceedings vide Charge Memo bearing G.O.Rt.No.55, Transport, Roads and Buildings (VIG.) Department, dated 03.03.2017 as illegal and arbitrary and consider the case of the Petitioner for promotion to the post of Chief Engineer. 2. The Petitioner was initially appointed as Deputy Executive Engineer on 29.09.1993 and subsequently, she was promoted as Deputy Superintending Engineer on 08.08.2003. Further, she was promoted as in-charge Superintending Engineer in (R&B) Administration and Roads, Hyderabad on 13.08.2007. Presently, the Petitioner is working as Superintending Engineer, Kothagraharam, Vizianagaram. It is stated that now she is eligible and qualified for promotion to the post of Chief Engineer. While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No.55, Transport, Roads and Buildings (VIG.) Department, dated 03.03.2017 alleging that the Petitioner while working as Superintending Engineer (R&B), Vizianagaram has 4 approved the working estimates thrice without any prior instructions or approvals from the Engineer-in-Chief (R&B) State Roads, A.P. and has incorporated and approved the working estimates for the L.S. Provisions without receiving the requisition from the concerned departments and allowed to make payment for L.S. Provisions excess than the original estimate provisions. 3. It is stated that after serving the above charge memo, the Petitioner submitted written statement of defence refuting the aforesaid charge and the enquiry officer has submitted the enquiry report to the Government and final decision is pending before the Government. While so, the promotion for the post of Chief Engineer is being considered and the apprehension of the Petitioner is that her case would not be considered for promotion in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed. 4. Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner for promotion to the post of Chief Engineer can be considered in terms of G.O.Ms.No.257, dated 10.06.1999. 5 5. The Writ Petition is disposed of with following directions: i) The Respondents are directed to consider the Petitioner’s case for promotion to the Post of Chief Engineer subject to the Petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 taking note of the abnormal delay in conclusion of the disciplinary proceedings initiated on 03.03.2017. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY Date: 11.09.2025 Ivd 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.22612 of 2025 Dated 11.09.2025 Ivd