APHC010470942025 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: 24427/2025 Between: K V Padmavathi ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. T S N SUDHAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.24427 of 2025 O R D E R: The present Writ Petition is filed seeking for promotion to the post of Special Grade Municipal Commissioner without reference to the Charge Memo issued vide G.O.R.T.No.534, MA & UD Department, dated 28.08.2019, in terms of G.O.Ms.No.257 General Administration Department, dated 10.06.1999. 2. The Petitioner was initially appointed as a junior assistant in the year 1986, and thereafter, she was promoted as Senior Assistant in the year 1996 and further promoted as Municipal Commissioner Grade-III and Municipal Commissioner Grade-II and Municipal Commissioner Grade-I in the years 2013, 2018 and 2023 respectively. The Petitioner is fully eligible and qualified for promotion to the post of Special Grade Municipal Commissioner. However, a Charge Memorandum was issued to the Petitioner on 28.08.2019 vide G.O.Rt.No.534, under which, three Articles of Charges were framed. 3 3. Article of Charge No. 1 is that the Petitioner has not taken timely action to obtain the Market Lease Agreement for the year 2013-2014 from the Contractor within the time as per rules in force. The 2nd and 3rd Articles of Charges are that the Petitioner had not perused the execution of the lease agreement within the stipulated period, which led to a financial loss of Rs.13,18,951/-, and the Petitioner had exhibited a lack of devotion to duty and conduct and thereby showed negligence. 4. Learned counsel for the Petitioner submits that though the Charges were framed in the year 2019, the enquiry was not concluded, and thereby, the Petitioner is affecting the chances of promotion to the post of Special Grade Municipal Commissioner. Learned counsel for the Petitioner, by placing reliance on G.O.Ms.No.91 General Administration (SER.C) Department dated 12.09.2022, submits that the Government had framed comprehensive guidelines fixing definite time frame for expediting the process of disciplinary cases in supersession of the previous guidelines. Learned counsel for the Petitioner further submits that in simple cases, the enquiry should be 4 completed within three months and in complicated cases, the enquiry should be completed within five to six months and seeks for expeditious conclusion of the disciplinary proceedings. However, in this case, without any reasonable ground, the enquiry is pending. 5. Learned counsel for the Petitioner would further submit that subsequent to the initiation of the disciplinary enquiry, the Petitioner was permitted to promote as Municipal Commissioner Grade-I, and therefore, he seeks the extension of the similar benefit to the Petitioner now. 6. Learned Assistant Government Pleader would submit that the case of the Petitioner would be considered in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999. 7. Considering the submissions made, the present Writ Petition is disposed of with the following directions: (i) The Respondent Authorities are directed to consider the case of the Petitioner for promotion to the post of Special Grade Municipal Commissioner in terms of G.O.Ms.No.257, dated 10.06.1999 taking note of the delay in concluding the 5 disciplinary enquiry contrary to G.O.Ms.No.91 General Administration (SER.C) Department dated 12.09.2022. (ii) The Respondent Authorities shall also consider the fact while considering the case of the Petitioner for promotion to the post of Special Grade Municipal Commissioner that the Petitioner was promoted as Municipal Commissioner Grade-I in the year 2023 i.e., subsequent to the initiation of the disciplinary enquiry. (iii) There shall be no order as to costs. As a sequel, miscellaneous applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 11.09.2025 eha 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24427/2025 Dt. 11.09.2025 eha