IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11096 OF 2025 Between: Dasi Deva Naga Nataraj, S/o. D. Arjunudu, Aged 55 years, Working as Deputy Executive Engineer E.E. (FAC) at Machilipatnam, Rural Water Supply Sanitation Department, R/o. H. No. 20/525, 9*" ward. Near KVR Park, Parasapeta, Machilipatnam, Krishna District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, PR & RD Department, A.P. Secretariat Velagapudi, Guntur District. 2. The Engineer-in-Chief, (RWS S), Rural Water Supply Sanitation Department, Gollapudi, Vijayawada, Krishna 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 a 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 candidature of the petitioner for promotion to the post of Executive Engineer in RWS SD Department, on mere pendency of Charge Memo vide G.O.Rt.No. 263 Panchayat Raj Rural Development Vig.VI Department Dated 09.05.2023 incident pertaining to the year 2012-2015 issued by 1®‘ respondent, denial of promotion is illegal, arbitrary, whimsical and in violation of Principles of Natural Justice and contrary, consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Executive Engineer in the ensuing counsel without de reference to the Charge Memo vide G.O.Rt.No. 263 Panchayat Raj Rural Development Vig.VI Department Dated 09.05.2023 by duly extending similar order passed in W.P No. 8267 of 2025 dt. 04.04.2025 and W.P. 6397 of 2025 dt. 13.03.2025. lA NO: 1 OF 2025 the No. 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 respondent to consider the candidature of the petitioner for promotion to the post of Executive engineer in RWS & SD Department, in the existing vacancy, without reference to the pending charge Memo vide G.O.Rt. No.263 Panchayat Raj & Rural Development (Vig.VI) Department dated.09.05.2023, in terms of W.P. No.8267 of 2025 dt.04.04.2025 and W.P. No.6397 of 2025 dt.13.03.2025, pending disposal of the above petition. Counsel for the Petitioner: Ms* BUGULU SREETEJA Counsel for the Respondents: GP FOR SERVICES I The Court at the stage of admission made the following: ORDER writ APHC010213222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11096/2025 Between: ...PETITIONER Dasi Deva Naga Nataraj AND ...RESPONDENT The State Of Andhra Pradesh Counsel for the Petitioner: 1.BUGULU SREETEJA Counsel for the Respondent: 1. 2 HCGR, J W.P.No.ll096of2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue an order, writ or direction, more particularly one in the nature of writ of mandamus to declare the action of the respondents in not considering the candidature of the petitioner for promotion to the Executive Engineer in RWS & SD Department, on mere pendency of Charge Memo vide G.O.Rt.No.263, Panchayat Raj & Rural Development (Vig.VI) Department, dated 09.05.2023 (incident pertaining to the year 2012-2015) issued by 1^' respondent, denial of promotion is illegal, arbitrary, whimsical and in violation of principles of Natural Justice and contrary, consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Executive Engineer in the ensuing counsel without reference to the Charge Memo vide G.O.Rt.No.263 Panchayat Raj & Rural Development (Vig.VI) Department dated 09.05.2023 by duly extending the similar order passed in W.P.No.8267 of 2025 dated 04.04.2025 and W.P.No.6397 of 2025 dated 13.03.2025 and pass such other order or orders...” Heard Ms Bugulu Sreeteja, learned counsel for the petitioner 2. and learned Assistant Government Pleader for Services-I for respondents. 3. Petitioner is presently working as Deputy Executive Engineer and is stated to be due for promotion to the post of Executive Engineer. Petitioner has been issued charge memo vide G.O.Rt.No.263, Panchayat Raj & Rural Development (Vig.VI) Department, dated 09.05.2023, setting out sole Article of Charge, alleging that petitioner failed to utilize 1165 liters of anticorrosive liquid procured by the department, which remained unutilized and rendered it expired, resulting in a loss to the exchequer, which is % 3 HCGR, J W.P.No.ll096of 2025 also dereliction of duty as well. Aforesaid charge memo has been issued based on vigilance report dated 19.05.2022, which reports that upon inspection conducted on 02.06.2015, it was unearthed that the aforesaid anticorrosive liquid got expired because of not being used on time, and thereby vigilance recommended to initiate action against responsible persons. Petitioner has submitted representation dated 18.10.2023 and the inquiry is stated to be pending. Learned counsel for the petitioner submits that the petitioner is 4. within the zone of consideration for promotion as Executive Engineer and due to pendency of the disciplinary proceedings, there is every possibility of petitioner being denied of such promotion. 5. Learned Assistant Government Pleader for Services-I would submit that the respondent authorities will consider the case of the petitioner in terms of G.O.I\/ls.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 6. The Government issued G.O.Ms.No.679, General Administration (Services-C) Department, dated 01.11.2008, and G.O.Ms.No.91 thereafter General Administration (Ser.C) Department, dated 12.09.2022, fixing timelines to conclude the inquiry within three (03) months in case of simple and six (06) months in case of complicated. In the case at hand, the respondent authorities flouted the timelines fixed in the aforesaid G.Os. For the 9 ”■ 9 4 HCGR, J W.P.No.ll096of2025 fault on the part of the disciplinary authority, the petitioner shall not be penalized. 7. 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 to the post of Executive Engineer, if the petitioner is in the zone of consideration, without reference to the aforementioned charge memo. It is further directed that as the inquiry is still pending, despite timelines prescribed under G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022, respondents are directed to conclude the same within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. //TRUE COPY// Sd/- U.SRI DEV! ASSISTANT REGISTRAR SEC FICER To Secretary, PR & RD Department, State of Andhra Pradesh, A.P. Secretariat Velagapudi, Guntur District. 2. The Engineer-in-Chief, (RWS S), Rural Water Supply Sanitation Department, Gollapudi, Vijayawada, Krishna District. 3. One CC to Ms. Bugulu Sreeteja, Advocate [OPUC] 4. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] 5. Three C.D. Copies. Cnr / HIGH COURT DATED:30/04/2025 ORDER WP.No.11096 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS