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2025 DAILYLAW 5861 (AP)

R SRI RAMA KRISHNA v. THE STATE OF ANDHRA PRADESH

WP/2843/2025 · 2025-02-07

Subba Reddy Satti

body2025

Judgment text

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APHC010051552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2843/2025 Between: R Sri Rama Krishna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. DHARANI KUMAR B Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following ORDER: Heard Sri Dharani Kumar B, learned counsel for the petitioner and Sri Sarath, learned Assistant Government Pleader for Services-II appeared for respondents 1 & 2. 2. The petitioner, Executive Engineer, Pulichintala Project Division No.1, Vijayawada, filed the above writ petition to declare the action of the respondents in not considering the petitioner’s case for promotion due to the pendency of charge memos against the petitioner and also not concluding the inquiry in the charge memos, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the following 17 charge memos are issued to the petitioner: 2 Sl.No. Charge/G.O.Rt.No. Date of charge 1. G.O.Rt.No.205, Water Resource (Vig.II(V&E) Dept. 14.02.2022 2. G.O.Rt.No.213, Water Resource (Vig.II(V&E) Dept. 14.02.2022 3. G.O.Rt.No.217, Water Resource (Vig.II(V&E) Dept. 14.02.2022 4. G.O.Rt.No.222, Water Resource (Vig.II(V&E) Dept. 14.02.2022 5. G.O.Rt.No.1515, Water Resource (Vig.II(V&E) Dept. 03.06.2022 6. G.O.Rt.No.226, Water Resource (Vig.II(V&E) Dept. 14.02.2022 7. G.O.Rt.No.306, Water Resource (Vig.II(V&E) Dept. 21.02.2022 8. G.O.Rt.No.317, Water Resource (Vig.II(V&E) Dept. 21.02.2022 9. G.O.Rt.No.320, Water Resource (Vig.II(V&E) Dept. 21.02.2022 10. G.O.Rt.No.323, Water Resource (Vig.II(V&E) Dept. 21.02.2022 11. G.O.Rt.No.329, Water Resource (Vig.II(V&E) Dept. 21.02.20222 12. G.O.Rt.No.358, Water Resource (Vig.II(V&E) Dept. 21.02.2022 13. G.O.Rt.No.1522, Water Resource (Vig.II(V&E) Dept. 03.06.2022 14. G.O.Rt.No.1526, Water Resource (Vig.II(V&E) Dept. 03.06.2022 15. G.O.Rt.No.1530, Water Resource (Vig.II(V&E) Dept. 03.06.2022 16. G.O.Rt.No.1592, Water Resource (Vig.II(V&E) Dept. 03.06.2022 17. G.O.Rt.No.217, Water Resource (Vig.II(V&E) Dept. 03.06.2022 4. The petitioner submitted a written defence in all the charge memos. Learned counsel would also submit that the Government issued G.O.Ms.No.679 General Administration (Services.C) Department, dated 01.11.2008 fixing the timelines to complete the inquiry in three months and six months in simple and complicated cases respectively. However, the inquiry has not been completed so far. Learned counsel would also submit that due to the pendency of the aforementioned charge memos, the respondents are not considered the petitioner’s case for promotion though he is eligible for promotion. 5. At the hearing, learned counsel for the petitioner confined his arguments and urged this Court to direct respondents 1 and 2 to consider the petitioner’s case for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 3 6. Learned Assistant Government Pleader for Services did not refute the said submission. 7. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, at the admission stage, with the consent of learned counsel on either side directing respondents 1 and 2 to consider the petitioner’s case for promotion to the post of Superintending Engineer/Chief Engineer, if his case is in the zone of consideration strictly in terms of G.O.Ms.No.257, dated 10.06.1999 whenever DPC is constituted. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 07.02.2025 KA 4 158 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2843/2025 Date: 07.02.2025 KA