APHC010603992024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 89/2025 Between: 1. B. SURYANARAYANA, S/O APPALA SWAMY (LATE), AGED ABOUT 57 YEARS, OCC DISTRICT TRIBAL WELFARE OFFICER, TIRUPATHI DISTRICT, R/O. H.NO.1-75/19, SHANKARNAIDU COLONY, TURUCHANUR, TIRUPATHI. ...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 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 Dy. Director (Tribal Welfare) without reference to the disciplinary proceedings / charge memo pending against him vide Charge Memo Proc., Rc. No.1109452.SOW03-27021(31)/1/2020-1 SEC dt 01.08.2023 and issuing speaking orders vide memo No.2368197/Ser-1/2024 dt 08.07.2024, as illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India and consequently, set aside the same and direct the Respondents 2 promote the Petitioner to the post of Dy. Director (Tribal Welfare), without reference to the disciplinary proceedings / charge memo pending against him and to pass IA 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 case of the Petitioner for promotion to the post of Dy. Director (Tribal Welfare), without reference to the disciplinary proceedings pending against him, by suspending the speaking orders issued in memo No.2368197/Ser-1/2024 dt 08.07.2024, by the 1st Respondent 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: :: ORDER :: Heard Sri P.Amarender, learned counsel for the petitioner and Sri Sarath, learned Assistant Government Pleader for Services-II appearing for respondents. 2. The petitioner while working at Vizianagram, the official conducted a trap on 06.07.2010 and he was caught while accepting the bribe amount of Rs.5000/-. The petitioner was suspended on 06.07.2010 and later reinstated into service on 03.03.2012. While revoking the suspension vide G.O.Rt.No.134 Social Welfare (TW.SER.II.2) Department, dated 03.03.2012 (Ex.P1), the Government decided to initiate departmental inquiry instead of prosecution Ex.P1. Thereafter, a charge memo vide Rc.No.1109452.SOW03- 27021(31)/1/2020-I SEC, dated 01.08.2023 (Ex.P3) was issued and the petitioner submitted an explanation dated 16.10.2023 (Ex.P4). An inquiry 3 officer was appointed vide Comp.No.2398407-SOW03-27021(31)/1/2020-I SEC-COTW-Part(1), dated 02.07.2024 (Ex.P5). The case of the petitioner was not considered for promotion to the post of Deputy Director (Tribal Welfare), due to the pendency of the charge memo Ex.P3, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that a charge memo vide Rc.No.1109452.SOW03-27021(31)/1/2020-I SEC, dated 01.08.2023 (Ex.P3) was issued to the petitioner. The petitioner submitted an explanation on 16.10.2023 (Ex.P4). Inquiry officer was appointed vide Comp.No.2398407- SOW03-27021(31)/1/2020-I SEC-COTW-Part(1), dated 02.07.2024 (Ex.P5). 4. The Petitioner earlier filed W.P.No.3836 of 2024, complaining about not considering his representations for promotion to the post of Deputy Director. The same was disposed of on 14.02.2024 (Ex.P6). Thereafter, the 1st respondent passed an order vide Memo No.2368197/Ser-1/2024, dated 08.07.2024 (Ex.P7), intimating the petitioner that promotion is not feasible and the same will be considered after finalizing of disciplinary case. Thereafter, a seniority list was prepared to vide Rc.No.SOW03-13021(31)/53/2020-A SEC, dated 03.11.2024 (Ex.P12), name of the petitioner is shown at Sl.No.1. In the remarks, it was mentioned that the ACB case is pending. 5. Learned Assistant Government Pleader would submit that the inquiry will be concluded in terms of G.O.Ms.No.91 General Administration (Services- C) Department dated 12.09.2022. 6. As seen from the charge memo vide Rc.No.1109452.SOW03- 27021(31)/1/2020-I SEC, dated 01.08.2023 (Ex.P3), the petitioner was caught red-handedly. Thereafter, the petitioner was placed under suspension on 06.07.2010 and later reinstated into service on 03.03.2012 (Ex.P1). While revoking the suspension the 1st respondent decided to initiate a disciplinary inquiry instead of prosecution and thereafter a charge memo was issued after 11 years. The petitioner submitted an explanation on 16.10.2023 (Ex.P4). 4 Despite appointing an inquiry officer on 02.07.2024, the inquiry has not been completed so far. 7. 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 inquiry three and six months in case of simple and complicated matters. 8. In the speaking orders vide Memo No.2368197/ser-1/2024, dated 08.07.2024 (Ex.P7) issued by the 1st respondent it was mentioned that the department is making best efforts to finalize the disciplinary case pending against the petitioner as early as possible. It is pertinent to mention here that it is not the case of the respondent authorities that the petitioner is delaying the departmental inquiry. It is also not out of place to mention here that the juniors to the petitioner were promoted vide G.O.Ms.No.4 Tribal Welfare (Ser.A1) Department, dated 26.12.2023. The Government issued G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999 to meet the present contingency. 9. Given the facts and circumstances of the case, the writ petition is disposed of, at the admission stage, with the consent of both the counsels, directing the respondents to consider the case of the petitioner for promotion, in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, as and when DPC is constituted. The respondent authorities shall also conclude the disciplinary proceedings in terms of G.O.Ms.No.91 General Administration (SER.C) Department, dated 12.09.2022. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 06.01.2025 SNI 5 203 HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.89 of 2025 Dated: 06.01.2025 SNI