IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT . THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTlvV^^^|^^ WRIT PETITION NO: 2583 OF 2025 ml o Between: Sabbavarapu Srinivas, S/o. Appala Naidu, Aged about 61 years Occ Superintending Engineer, Chief Engineer (FAC), TW Eng Dept Sector-8 MVP Colony, Vishakapatnam, R/o. 2nd Floor, NSSK Enclave’ Visalakshmi nagar, Vishakapatnam ...Petitioner AND Andhra Pradesh, rep., by its Principal Secretary, Tribal Welfare Engineering Department, Secretariat, Velagapudi Guntur District. 2. The Engineer-In-Chief, Tribal Welfare Department, Revenue Colony Labbipeta, 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 be pleased to issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus to declare the action of the may one Respondents in not considering the case of the Petitioner for promotion to the post of Chief Engineer, without reference to the disciplinary proceedings / charge memos pending against him, even though, they were quashed pursuant to the Orders of this Hon'ble Court in WP.No. 19154/2024 dt 22.09.2024 illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and as consequently, post of Chief direct the Respondents to promote the Petitioner to the Engineer, without reference to the disciplinary proceedings / charge as they were quashed by this Hon'ble Court in WP.No. memos 19154/2024 dt 22.09.2024, from the date of his eligibility with all and monetary benefits. service lA 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 Chief Engineer, without reference to the disciplinary proceedings / charge memos, as they were quashed by this Hon'ble Court in WP.No.19154/2024 dt:22.09.2024 pending disposal of the above writ petition. Counsel for the Petitioner: SRI POODATTU AMARENDER Counsel for the Respondents: GP FOR SERVICES - II The Court made the following order: APHC010048442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2583/2025 Between; Sabbavarapu Srinivas ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) 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-ll for respondents 1 &2. The petitioner was initially appointed as Assistant Engineer on 30.08.1984 by direct recruitment. Later, he was appointed as Assistant Executive Engineer on 31.05.1997 after acquiring a B.Tech qualification and was further promoted to the post of Deputy Executive Engineer on 02,02.2001. Thereafter promoted to Executive Engineer on 05.03.2014. He was placed as Chief Engineer (FAC) on 29.11.2021 and continued in the said 2. post. The petitioner is due to retire from service on 31.08.2025 on attaining the age of superannuation. The following charge memos, six in number were issued to the 3. petitioner; (i) Charge Memo No.A4-10082/98-PVP, dated 06.09.2000 (ii) Charge Memo No.B3/4122/2001-VSP dated 08.02.2006 (iii) Charge Memo in Proc.No.CB3/6258/2001-VSP, dated 11.10.2010 (iv) Charge Memo in Proc.No.CB3/V&E-Alert No.56/PDR/206/2014-2, dated 31.07.2014; (v) Charge Memo in Proc.No.B2/CB3/202/2014-4, dated 17.06.2014; (vi) Charge Memo in G.O.Rt.No.220 SW (TW.Ser.il) Dept., dated 22.07.2022. 4. Despite the reports of the Inquiry Officers, in all the charge memos, the Disciplinary authority has not concluded the inquiry by passing orders. The petitioner filed W.P.No.19154 of 2024. Upon the instructions of the learned Assistant Government Pleader for Services, the said writ petition was disposed of on 02.09.2024 directing the disciplinary authority to pass appropriate orders, in pursuance of inquiry reports submitted by the Inquiry terms of G.O.Ms.No.679 General Officer, within three months in Administration (Services-C) Department, dated 01.11.2008 and G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022. It was further observed that if the disciplinary authority fails to pass appropriate orders, the charge memos, six in number framed against the petitioner, stands quashed automatically, without reference to any further order. 3 % After disposal of W.P.No.19154 of 2024, the petitioner made representation dated 03.09.2024, through proper channel, to the respondent, stating that even after lapse of three months, fixed by the Court in W.P.No.19154 of 2024, the disciplinary authority has not passed any order and hence, the order in W.P.No.19154 of 2024 came into operation and thereby the charge memos six in number were quashed. 5. The petitioner filed another W.P.No.19828 of 2024 complaining about the inaction of respondents in considering the petitioner’s case for promotion due to the pendency of the aforementioned charge memos. The said writ petition was disposed of on 10.09.2024 directing the respondents therein to consider the case of the petitioner for promotion without reference to the charge memos. Learned counsel for the petitioner would submit that thereafter, the petitioner was promoted to the post of Superintending Engineer by proceedings vide G.O.Rt.No.151 Department of Tribal Welfare (Services), dated 17.10.2024 (Ex.P.19) notionally in the panel year 2018-19. Learned counsel would further submit that though the petitioner is eligible for the post of Chief Engineer, the respondents are not considering his case for promotion due to the pendency of the aforementioned charge memos. 6. 7. The writ petition was listed on 03.02.2025 and adjourned at the request of the learned Assistant Government Pleader for Services to get instructions. Learned Assistant Government Pleader for Services submitted instructions of Additional Secretary to Government vide Letter No.2575336/A2/Ser/2024, dated 06.02.2025. In Para No.3 of the instructions, it was mentioned as follows; 8. “3. In this connection, it is informed that there are six (6) cases pending against S.Srinivas, ENC (FAC). In all these cases, enquiry have been completed and the inquiry officer submitted the enquiry reports to 4 Government. Out of the six (6) cases, four (4) cases were sent to the A.P. Vigilance Commission for advice as per vigilance scheme and one (1) file was circulated to Hon’ble Minister for further orders on the advice of A.P.V.C. Another one (1) file is under examination. 4. In the circumstances stated above, it is observed that the department had followed all the Vigilance Scheme & rules while concluding these cases against Sri S.Srinivas. ENC (FAC). TW. Vijayawada.” It is unfortunate that the learned Additional Secretary to the Government, Department of Tribal Welfare has not even noticed the order passed by this Court in W.P.No.19154 of 2024 and its implication. Since three months time granted to conclude the inquiry was completed from the date of order i.e. 03.09.2024 and the inquiry was not completed, the charge referred to in the instructions of the Additional Secretary to the Government, are quashed. As of today, given the orders in W.P.No.19154 of 2024, charges are pending against the petitioner. 9. memos no Given the facts and circumstances, the Writ Petition is disposed of, at the stage of admission, with the consent of learned counsel on either side directing the respondents to consider the petitioner’s case for promotion to the post of Chief Engineer in Tribal Welfare Engineering Department, if the petitioner is otherwise qualified and if he is in the zone of consideration for promotion strictly as per the Rules. No order as to costs. 10. As a sequel, pending miscellaneous petitions, if any, shall stand clo.sed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// S OFFICER 1. The Principal Secretary, Tribal Welfare Engineering Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Engineer-In-Chief, Tribal Welfare Department, Revenue Colony, Labbipeta, Vijayawada, Krishna District. 3. One CC to Sri PoodattuAmarender,Advocate [OPUC] 4. Two CCs to GP for Services - II, High Court of Andhra Pradesh. [OUT] 5. Two CD Copies To, RAM HIGH COURT DATED;06/02/2025 ^ \ 5 FEB 2C?5 I ,<o ^ Current Section ORDER WP.No.2583 of 2025 DISPOSING OF THE WP WITHOUT COSTS L