IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATT?^*fcH^ WRIT PETITION NO: 31466 OF 2024 ^ AMARAVATI Between: M. Srinivasa Rao, S/o Ranganna (Late). Aged about Tribal Welfare Officer, Mandasa, Srikakulam Views, 3rd floor, Sithamadhara, Vishakapatnam. 57 years, Occ; Asst. R/o. Flat No.301. Vishnu Hill ...PETITIONER^ AND 1. The Director of Tribal Welfare, AP 2. The State of A. P., Department, Secretariat, Velagapudi, Guntur District. Vijayawada, Krishna District. rep., by its Principal Secretary, Tribal Welfare ...RESPONDENTS ^ Petition under Articie 226 of the Constitution the circumstances stated i be pleased to issue of India praying that in in the affidavit filed therewith, the High Court may or direction more particularly an appropriate writ, order in the nature of Writ of Mandamus one to declare the action of the Respondents in not considering the case of the Petitioner for promotion to the post of District Tribal Weifare Officer (DTWO) without reference to the disc,pi,nary proceedings / charge memo pending against him vide Charge Memo Proc., Rc. No.SowoS- 27021 (31)/18/2020-1 dt 05.02.2021 illegal, arbitrary, discriminatory and the Constitution of India as violative of Articles 14, 16 and 21 consequently, direct the Respondents promote the Petitioner to the post of District Tribai Weifare Officer (DTWO) without reference to the disciplinary proceedings / charge memo pending against him. ^ ^ of and to jA NO: 1 OF 9no/i Petition under Section 1^1 ppp ■ ““ «■« »p™ , .Z " e'T"" may be case of the Petitioner for (DTWO), without promotion to the post of District reference to the disciplinary disposal of the above Tribal Welfare Officer proceedings pending against him pending writ petition. Counsel for the Petitioner: SRI POODATTU AMARENDER / ounsel for the Respondent Nos.1 & 2: SRI SARATH, AGP FOR SERVICES II The Court made the following: ORDER 5^ APHC010601192024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31466/2024 Between: 1.M. SRINIVASA RAO,, S/0 RANGANNA (LATE), AGED ABOUT 57 YEARS, OCC- ASST., TRIBAL WELFARE OFFICER, MANDASA, SRIKAKULAM, R/0. FLAT NO.301, VISHNU HILL VIEWS, 3RD FLOOR, SITHAMADHARA, VISHAKAPATNAM. ...PETITIONER AND 1 .THE DIRECTOR OF TRIBAL WELFARE, AP VIJAYAWADA, KRISHNA DISTRICT. 2.THE STATE OF A P, REP., BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. ...RESPONDENT(S): 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 may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not considering the case of the Petitioner for promotion to the post of District Tribal Welfare Officer (DTWO) without reference to the disciplinary proceedings / charge memo pending against him vide Charge Memo Proc., Rc. No.SowoS- 27021 (31 )/18/2020-1 dt 05.02.2021, as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequently, direct the Respondents to promote the Petitioner to the post of District Tribal Welfare Officer 2 (DTWO), without reference to the disciplinary proceedings / charge pending against him and to pass lA NO: 1 OF 2024 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 may be pleased to direct the Respondents to consider the case of the Petitioner for promotion to the post of District Tribal Welfare Officer (DTWO), without reference to the disciplinary proceedings pending against him pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.POODATTU AMARENDER Counsel for the Respondent{S): 1.GP FOR SERVICES II The Court made the following: memo :: ORDER :: Heard Sri P.Amarender, learned counsel for the petitioner and Sri Sarath, learned Assistant Government Pleader for Services-ll appearing for respondents 1 and 2. 2. Petitioner, Tribal Welfare Officer, filed the above writ petition to declare the action of respondents in not considering his case for promotion to the post of District Tribal Welfare Officer (DTWO), due to the pendency of the charge memo vide Rc.No.SOW03-27021 (31 )/18/2020-1 05.02.2021 (Ex.P.1), as illegal and arbitrary. 3. A charge memo vide Rc.No.SOW03-27021(31)/18/2020-1 SEC-COTW, dated 05.02.2021 (Ex.P.1) was issued to the petitioner. Petitioner submitted written defence/explanation dated 15.02.2021 (Ex.P.2). The inquiry officer appointed vide Rc.No.82/246/2021, dated 19.03.2021 (Ex.P.3). The inquiry officer submitted a report to the disciplinary authority vide Rc.No.A1/24/2021, dated 03.05.2021. The copy of the inquiry report is filed separately. SEC-COTW, dated was 3 Despite the inquiry report submitted by the inquiry officer to the disciplinary authority, the disciplinary authority has not concluded inquiry so 4. far. The Government issued G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008, and thereafter G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022, fixing timelines to complete the inquiry within three months in simple and six months in case of complicated cases respectively. 5. In State of Punjab and Others v. Chaman Lai Goyal\ the Hon’ble Apex Court observed as follows: 6. “ At the same time, it is directed that the respondent should be considered forthwith for promotion without reference to and without taking into consideration the charges or the pendency of the said enquiry and if he is found fit for promotion, he should be promoted immediately. ’’ In The Government of Andhra Pradesh represented by its Principal Secretary, Revenue Department and another v. A.Rajeswara Reddy, Deputy Collector^, the Division Bench of Composite High Court observed as follows; 7. \ “ Since the petitioners did not complete the departmental proceedings against the respondent even after lapse of more than one and half years, the Tribunal has rightly directed consideration of the case of the respondent for promotion without reference to the pending disciplinary proceedings, and no interference is called for with the said order.’’ ^ (1995) 2 Supreme Court Cases 570 ^2010(4) ALT 374 4 / Ordinarily, an employee will not be considered for promotion if disciplinary proceedings are initiated against him based on serious allegations. However, an employee cannot be denied promotion by keeping the disciplinary proceedings pending for unduly long periods. 8. In the case at hand, the charge memo vide Rc.No.SOWOS- 27021 (31 )/18/2020-1 SEC-COTW, dated 05.02.2021 (Ex.P.1) and the inquiry officer submitted a report vide Rc.No.A1/24/2021, dated 03.05.2021. Three years rolled by, however the disciplinary authority failed to complete the inquiry. For the lapses of the respondent authority qua the inquiry, the petitioner shall not be penalized. 9. Given the facts and circumstances of the case, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the respondent authorities to consider the case of the petitioner for promotion, if the petitioner’s case is in the zone of consideration, without reference to the aforementioned charge memo as and when the DPC is conducted as per the Rules. There shall be no order as to costs. 10. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- V.SAVITHRI GOWRI assistant registrar //TRUE COPY// Ion officer SE To, 1. The Director of Tribal Welfare, AP, Vijayawada, Krishna District. 2. The Principal Secretary, Tribal Welfare Department, State of A.P, Secretariat, Velagapudi, Guntur District. 3. One CC to Sri Poodattu Amarender, Advocate [OPUC] 4. Two CCs to GP for Services- II, High Court of Andhra Pradesh. [OUT] 5. Three CD Copies. ssb -A HIGH COURT I DATED:02/01/2025 ORDER WP.No.31466 of 2024 AN0«^ ^ % * 2 9 IAN 2025 ^ . Current aeciion . O. Co DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS