APHC010455962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23432/2025 Between: K S S Rama Lakshmi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. M R TAGORE Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23432 of 2025 ORDER: The present Writ Petition is filed to declare the action of the Respondents in not considering the case of Petitioner for promotion to the post of Deputy Mandal Parishad Development Officer without reference to the disciplinary proceedings vide Charge Memo No.2/CPR&RE/B1/2011, dated 03.09.2014 as illegal and arbitrary. 2. The Petitioner is working as Panchayat Secretary Grade-I, and now he is eligible and qualified for promotion to the post of Deputy Mandal Parishad Development Officer. While so, the Respondent Authorities had issued Charge Memo No. 2/CPR&RE/B1/2011 on 03.09.2014, making certain allegations. Thereafter, the Petitioner submitted a detailed explanation to the Charge Memorandum on 24.09.2014. 3. The Respondent No. 2 vide Proceedings dated 27.11.2014 appointed an Enquiry Officer, and the Enquiry Officer, after conducting the enquiry, submitted a Report to the Respondent No. 2 vide Lr.Rc.No.H2/584/2014, dated 30.05.2015, holding that all the seven charges framed against the Petitioner are not proved. After receipt of the Enquiry Report, the Respondent Authorities issued a Dissent Note vide Memo No. 02/CPR&RD/B1/2011, dated 29.06.2015, in the year 2015.Though the Petitioner submitted an explanation to the Dissent Note, no further orders were passed by the Respondent Authorities. In the meanwhile, promotions are being considered for the post of Deputy Mandal Parishad Development Officer. As the Respondent Authorities are not considering the case of the Petitioner for promotion to the said post on the ground that disciplinary proceedings are pending, the present Writ Petition is filed by the Petitioner. 4. Learned counsel for the Petitioner submits that the allegations against the Petitioner are not grave in nature. 5. 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 10.06.1999. 6. Having heard the respective submissions and taking into consideration the fact that the disciplinary proceedings were initiated in the year 2014 and the Enquiry Report held that the Petitioner is not guilty of any of the charges and considering the delay of more than 11 years in concluding the disciplinary enquiry and the fact that Enquiry Report holds that Charges are not proved, the present Writ Petition is disposed of with the following terms: i) The respondent Authorities are directed to consider the Petitioner’s case for promotion to the Post of Deputy Mandal Parishad Development Officer subject to the Petitioner possessing requisite qualification without reference to the Charge Memorandum issued vide Charge Memo No. 2/CPR&RE/B1/2011, dated 03.09.2014. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY Date: 3.09.2025 eha THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO. 23432 of 2025 Dated 3.09.2025 eha