I APHC010456642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ U THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23522 OF 2025 Between: K. Subbaiah, S/o Late K. Narasaraih, Age 61 years, Working as Executive Engineer, SMI Division, Rampachodavaram, Alluri Sitharama Raju District, R/o Flat. No. T-4, Dubi Apartments, Rajuhmundry, East Godavari District. ...Petitioner AND 1. The State of A P, Rep by its Special Chief Secretary, Water Resources cum Irrigation Department, A.P. Secretariat, Velgapudi, Guntur District. 2. The Engineer-in-Chief Admn, Water Resources Department (Irrigation), Ho. No. 27-20-44, Jalasoudha Building, 4 Venkateswara Rao Street, Governorpeta, Vijaywada - 520002, NTR District. th Floor, Museum Road, ...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 Superintending Engineer, on mere pendency of chargememo vide G.O.Rt.No. 795 Revenue (Vigilance-1) Dept dated 13-11-2024, for the incident pertaining to the year f 2003-04, denial of promotion is illegal, arbitrary, whimscial 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 Superintending Engineer without reference to the pending charge memo vide G.O.Rt.No. 795 Revenue (Vigilance-1) Dept dated 13-11-2024, on the same analogy of orders passed by this Hon'ble 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 direct the respondents to consider the candidature of the petitioner for promotion to the post of Superintending Engineer in the existing vacancy without reference to the charge memo vide G.O.Rt.No. 795 Revenue (Vigilance-1) Dept dated 13-11-2024 (incident pertaining to the year 2003-04) Pending disposal of the above writ petition Counsel for the Petitioner: SRI POONDLA J S ROHITH Counsel for the Respondents No.1, 2: GP FOR SERVICES II The Court made the following order: APHC010456642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23522/2025 Between: 1 K SUBBAIAH,, S/0 LATE K. NARASARAIH, AGE 61 YEARS, EXECUTIVE ENGINEER, SMI DIVISION, SITHARAMA DUBI WORKING AS RAMPACHODAVARAM, RAJU ALLURI FLAT.NO.T-4, APARTMENTS, DISTRICT, R/0 RAJUHMUNDRY, EAST GODAVARI DISTRICT. ...PETITIONER AND 1 THE STATE OF A.P., REP BY ITS SPECIAL CHIEF WATER RESOURCES CUM IRRIGATION SECRETARY DEPARTMENT, A.P. SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT. ENGINEERINCHIEF ADMN, WATER RESOURCES (IRRIGATION) 2.THE DEPARTMENT JALASOUDHA BUILDING, 4 VENKATESWARA RAO STREET, VIJAYWADA- 520002, NTR DISTRICT. 27-20-44, HO.NO. FLOOR, MUSEUM ROAD GOVERNORPETA TH ...RESPONDENT(S); 2 a Counsel for the Petitioner: 1.POONDLA J S ROHITH Counsel for the Respondent{S): 1.GP FOR SERVICES II The Court made the following: f THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23522/2025 ORDER: The present Writ Petition is filed to declare the action of the Respondents in not considering the candidature of the Petitioner for promotion to the post of Superintending Engineer on mere pendency of Charge Memo vide G.O.Rt.No.795, Revenue (Vigilance-1), dated 13.11.2024, for the incident pertaining to the year 2003-04, as illegal and arbitrary. 1. 2. The facts leading to filing of the present Writ Petition are as follows; The Petitioner was initially worked as Additional Deputy Executive Engineer in K.C. Canal Special Sub-division, Mydkuru of K.C. Canal Division, Nandyal from 08.05.2003 to 09.09.2024. Later, he was promoted and transferred to IB Division, Anantapur as Deputy Executive Engineer under the control of Irrigation Circle, Anantapur. While so, the Special Chief Secretary of Revenue Department had initiated common disciplinary proceedings vide G.O.Ms.No.241, Revenue (Vigilance-1) Department, dated 30.10.2024 against 20 officials of various Departments basing on Vigilance Report vide No.48 (C.NO.915A/&E/D1/2015, dated 21.05.2019. 3. Subsequently, the Special Chief Secretary initiated the disciplinary proceedings against the Petitioner under Rule-20 R/w Rule 24 of A.P. Civil Service (CC&A) Rules, 1991 and issued Article of Charge vide G.O.Rt.No.795, Revenue (Vigilance-I) Department, dated 13.11.2024. The Petitioner submitted his detailed written statement of defence on 15.01.2025 to the said Charge Memo. Despite the there is no progress in the disciplinary proceedings against the Petitioner. same, 4. The Government of Andhra Pradesh had issued specific instructions vide G.O.Ms.No.679, G.A (Ser-C) Department, dated 01.11.2008, wherein certain instructions were issued for expeditious completion of disciplinary proceedings. It is further stated that the Government has issued G.O.Ms.No.91, dated 12.09.2022 to dispose of the disciplinary cases against the Government employees. However, the Respondents did not take any action. Hence, the present Writ Petition is filed. Learned counsel for the Petitioner submits that Charges against the Petitioner are concerned, neither allegation of any loss to the Government nor an explanation as to why there was delay of more than 20 years in issuing the Charge Memo. Learned Assistant Government Pleader would submit that enquiry would be completed as expeditiously as possible. 5. 3 The Charge-Memorandum issued in the year 2024 is with regard to an alleged misconduct of the year 2003-2004. The delay of 20 years is inexplicable and vindictive. The very delay in initiating enquiry makes it apparent that charges are not very serious against the Petitioner and his case can be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999. 6. 7. Hence, the present Writ Petition is disposed of with the following directions; (i) The Respondents are directed to consider the Petitioner’s case for promotion to the post of to the post of Superintending Engineer subject to the Petitioner possessing requisite qualification in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 duly taking note of inexplicable delay of 20 proceedings; years in initiating disciplinary (ii) There shall be no order as to costs. 8. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K TATA RAO EGSSTRAR Action officer //TRUE COPY// To, 1. The Special Chief Secretary, State of Andhra Pradesh, Water Irrigation Department, A.P. Secretariat, Velgapudi, Resources cum Guntur District. 2. The Engineer-in-Chief Admn, Water Resources Department (Irrigation), 27-20-44, Jalasoudha Building, 4th Floor, Museum Road, Ho.No. Venkateswara Rao Street, Governorpeta, Vijaywada - 520002, NTR District. 3. One CC to SRI POONDLA J S ROHITH Advocate [OPUC] 4. Two [OUT] 5. Two CD Copies CCS to GP FOR SERVICES II High Court of Andhra Pradesh gsg HIGH COURT DATED: 04/09/2025 ORDER WP NO. 23522 OF 2025 of o SEP 2025 Curreni secuon ^ > S^t‘3PATCV'^5>^ DISPOSING THE WP WITHOUT COSTS