Extracted from the PDF above. The PDF is authoritative.
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APHC010456172025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23151/2025 Between:
1. CH RAMA RAO, S/O RAKSHANA DAS, AGE 46 YEARS, PRESENTLY WORKING AS DEPUTY EXECUTIVE ENGINEER, AT KAKINADA URBAN DEVELOPMETN AUTHROITY, KAKINADA. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (VIG-II) DEPARTMENT,
AP GOVT SECRETARIAT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT. 2. THE ENGINEERINCHIEF, PUBLIC HEALTH AND MUNICIPAL ENGINEERING DEPARTMENT,
OPP MANIPAL HOSPITAL, TADEPALLI, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner:
1. S SRINIVASA RAO
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Counsel for the Respondent(S):
1. GP FOR SERVICES I The Court made the following:
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.23151 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.504, Municipal Administration and Urban Development (Vig.I) Department, dated 10.08.2023 as illegal and arbitrary and consider the case of the Petitioner for promotion to the post of Executive Engineer. 2. The Petitioner was initially appointed as an Assistant Engineer in the year 2014 in Public Health and Municipal Engineering Department and subsequently, he was promoted as Deputy Executive Engineer in the year 2014. It is stated that now he is eligible and qualified for promotion to the post of Executive Engineer. While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No.504, Municipal Administration and Urban Development (Vig.I) Department, dated 10.08.2023 alleging that the Petitioner while working as Deputy Executive Engineer at Samarlakota Municipality, Kakinada District has failed to supervise the work measurements for the completed works. 4
3. It is stated that after serving the above charge memo, the Petitioner submitted statement of defence refuting the aforesaid charge and enquiry is stated to be pending. While so, the promotion for the post of Executive Engineer is being considered and the apprehension of the Petitioner is that his 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 the post of Executive Engineer can be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999. 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 Executive 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. ii) There shall be no order as to costs. 5
As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY
Date: 02.09.2025
Ivd
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION No.23151 of 2025
Dated 02.09.2025
Ivd