IN THE HIGH COURT OF ANDHRA PRADESH :: 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: 31455 OF 2024 <7 / Between: A. Vijaya Shanthi, S/o A. Venkata Rao, Aged about 41 Tribal Welfare Officer, O/o District ST Welfare and Empowerment Office, Kakinada, R/o. H.No. 4-6-27/1, Sadivari street, Ramakrishna Kakinada-533001. years, Occ; Asst. Rao Peta ...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. ...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 an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus to declare the one 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 disciplinary proceedings / charge memo pending against her vide Charge Memo Proc., Rc No.(97042)SOWO3-14021 (31 )/6/2019-KSEC- to the COTW dt of Articles 14, and consequently, direct the Respondents to promote the Petitioner to the post of District Tribal Officer (DTWO), without reference to the disciplinary proceedings memo pending against her. 07.02.2020 as illegal, arbitrary, discriminatory and violative 16 and 21 of the Constitution of India Welfare / charge lA NO: 1 OF 2074 Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be - case of the Petitioner for (DTWO), without against her pending pleased to direct the Respondents to consider the promotion to the post of District Tribal Welfare Officer reference to the disciplinary proceedings pending disposal of the above writ petition. Counsel for the Petitioner: SRI POODATTU Counsel for the Respondent Nos.1 & 2: SRI SARATH, SERVICES II AMARENDER AGP FOR The Court made the following: ORDER 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: 31455/2024 APHC010601632024 [3331] Between: 1.A VIJAYA SHANTHl, S/0 A. VENKATA RAO YEARS, OCC ASST., TRIBAL WELFARE OFFICER, 0/0 DISTRICT WELFARE AND EMPOWERMENT OFFICE, KAKINADA, R/0. H.NO. H.NO. 4-6-27/1, SADIVARI STREET, RAMAKRISHNA RAO PETA KAKINADA-533001. AGED ABOUT 41 ST ...PETITIONER AND VIJAYAWADA, 1.THE DIRECTOR OF TRIBAL WELFARE AP, AP, 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 appropriate writ, order or direction more pleased to pleased to issue an 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 her vide Charge Memo Proc., Rc No.(97042)SOWO3-14021 (31 )/6/2019-KSEC- COTW dt 07.02.2020 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 without reference to the disciplinary proceedings / charge against her and to pass lA NO: 1 OF ?n9d Officer (DTWO), memo pending 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 case of the Petitioner for promotion to the post of District Tribal Welfare Officer (DTWO), without reference to the disciplinary proceedings pending against her pending disposal writ petition and to pass of the above Counsel for the Petitioner: 1.POODATTU AMARENDER Counsel for the Respondent{S): 1.GP FOR SERVICES II 2. The Court made the following: :: ORDER :: Heard Sri P.Amarender, learned Sri Sarath, learned Assistant Government Pleader for respondents 1 & 2. counsel for the petitioner and for Services-ll appearing 2. Petitioner, Assistant Tribal Welfare Officer filed the above writ petition to declare the action of the 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.(97042)SOWO3-14021(31)/6/2019-KSEC- COTW, dated 07.02,2020 (Ex.P1), as illegal and arbitrary. 3. A charge memo vide Rc.No.(97042)SOWO3-14021(31)/6/2019-KSEC- COTW, dated 07.02.2020 (Ex.P1) was issued to the petitioner. Petitioner submitted written defence/explanation dated 18.03.2021 (Ex.P2). The inquiry V V 3 disciplinary authority vide Rc.No.A4/626/2014 officer submitted a report to the dated 25.02.2023 (Ex.P5). Despite the inquiry report submitted by the inquiry officer to the disciplinary authority has not concluded the inquiry 4. disciplinary authority, the so far. G.O.Ms.No.679 General Administration and thereafter G.O.Ms.No.91 The Government issued (Services-C) Department, dated 01.11.2008 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. Chaman La! Goyal\ the Hon ble In State of Punjab and Others v Apex Court observed as follows; 6. is directed that the respondent should without reference to and without the pendency of the said he should be promoted “ At the same time, It Is . be considered forthwith for promotion taking into consideration the charges or enquiry and if he is found fit for promotion immediately.” In The Government of Andhra secretary, Revenue Department and another v. A.Rajeswara Reddy, Deputy Collector^ the Division Bench of Composite High Court observe as follows; Pradesh represented by its Principal 7. did not complete the departmental after lapse of more than one “ Since the petitioners proceedings against the respondent even and half years, the Tribunal has rightly directed consideration of the of the respondent for promotion without reference to the pending case ^ (1995) 2 Supreme Court Cases 570 ^ 2010 (4) ALT 374 4 disciplinary proceedings, and no interference is calied for with the said order. ” Ordinarily, an employee will not be considered for promotion if disciplinary proceedings are initiated against him based on allegations. However, an employee cannot be denied promotion by keeping the disciplinary proceedings pending for unduly long periods. In the case at hand, the charge memo vide Rc.No.(97042)SOWO3- 14021 (31 )/6/2019-KSEC-COTW, dated 07.02.2020 (Ex.P1) and the inquiry officer submitted a report vide Rc.No.A4/626/2014 dated 25.02.2023 (Ex.P5) to the disciplinary authority. Despite the report from the inquiry officer, the disciplinary authority has not concluded the inquiry so far. For the lapses on the part of the disciplinary authority, in concluding the inquiry, the petitioner shall not be penalized. 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. 8. serious 9. 10. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd./- KJ.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 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. y' ssb HIGH COURT DATED:02/01/2025 ORDER WP.No.31455 of 2024 ANDH^ 5 2 9 JAN 2025 m . Current Section !Sfe£^i?SPATCV^^^-^ o DISPOSING OF THE W.P. AT THF ^TAr'P r»c ADMISSION WITHOUT COSTS