Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 9391 (AP)

G RATAN BABU v. The State of Andhra Pradesh

WP/6187/2025 · 2025-03-18

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6187 OF 2025 Between; G Ratan Babu, S/o. G. Israel Aged about 59 years, Occ. Executive Engineer O/o. Executive Engineer, PR-PIU Division Ongole, Ongole Mandal Prakasam District-523001. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Panchayat Raj Department Secretariat, Velagapudi Amaravathi, Guntur District. 2. The Engineer-in-chief, Panchayat Raj Department Vijayawada, NTR District. 3. The District Collector, Prakasam District At Ongole. 4. The Superintending Engineer, Panchayat Raj Circle, Ongole, Prakasam District. 5. The Executive Engineer, Panchayat Raj Division, Markapur, Prakasam District. 6. The Deputy Executive Engineer, PRI Sub-Division, Yerragundapalem Prakasam District. 7. The Special Chief secretary, PR and RD Department, Panchayat Raj Department Secretariat, Velagapudi Amaravathi, 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 a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondents in issuing memo Vide Memo.No. 2274776A/ig.11/2023-2 dated 26.07.2024 and r its consequential proceedings and thereby imposing the charges against the * petitioner vide G.O.Rt.No. 444 dated 07.08.2024, without appreciating their own records thereby deferring my promotion to the post of Superintending Engineer as illegal arbitrary and violative of principles of natural justice and contrary to Articles 14 and 16, 21 of Constitution of India and consequently set aside. 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 suspend the Vide Memo.No. 2274776A/ig.11/2023-2 dated 26.07.2024 and its consequential proceedings along with G.O.Rt.No. 444 dated 07.08.2024 pending disposal of the main Writ Petition, in the interest of justice. lA NO: 2 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 Superintending Engineer in terms of G.O.Ms No. 257 dated 10.06.1999 pending disposal of the main Writ Petition, in the interest of justice. Counsel for the Petitioner: SRI PILLA N.V.L.NARAYANA ADITYA Counsel for the Respondents: GP FOR SERVICES -1 The Court made the following order: APHC010104002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6187/2025 Between: ...PETITIONER G Ratan Babu AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: I.Pilla N.V.L.Narayana Aditya Counsel for the Respondent(S): 1.GP FOR SERVICES I 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 a writ order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondents in issuing memo Vide Memo No.2274776A/ig.11/2023-2 dated 26.07.2024 and its consequential proceedings and thereby imposing the charges against the petitioner vide G.O.Rt.No.444 dated 07.08.2024 without appreciating their own records thereby deferring my promotion to the post of Superintending Engineer as iliegai arbitrary and violative of principles of natural justice and contrary to Articles 14 and 16 21 of Constitution of India and consequently set aside and pass such other order or orders....” 2. Heard Sri Pilla N.V.L. Narayana Aditya, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing on behalf of the respondents. issued 07.08.2024, vide G.O.Rt.No.444 Panchayat 3. A charge memo was Raj & Rural Development (VlG.ll) Department, to the petitioner framing two Articles of Charges. As per Annexure-l, Charge-1 is levied alleging that the has committed certain irregularities and colluded with Mandal petitioner Engineers and is accountable for diversion and misutilization of 17333.19 Mts of Sand procured for Government Priority Buildings and Other Works in PRl Sub-Division, Yerragondapalem and Charge-ll is that he had exhibited lack of integrity, devotion to duty and lack of integrity and behaved in a manner unbecoming of a Government servant and thereby contravened Rule 3 (1) and 3(2) of A.P.C.S (Conduct) Rules, 1964. 4. Learned counsel for the petitioner states that charge memo was issued when the petitioner’s case was under consideration for promotion to the post of Superintending Engineer and he would urge that it would suffice, if a direction be given to the respondents to consider his case for promotion in of G.O.Ms.No.257 General Administration (Ser.C) Department, dated terms 10.06.1999. 5. Learned Government Pleader for Services-1 did not refute the submissions of the learned counsel for the petitioner. V 3 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, with the consent of both the counsel, at the stage of admission, directing the respondents to consider the petitioner’s case for promotion to the post of Superintending Engineer in terms of G.O.Ms.No.257, dated 10.06.1999, if the petitioner is in the zone of consideration and fulfills all requisite qualifications. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SE OFFICER To 1. The Principal Secretary Panchayat Raj Department, State of Andhra Pradesh, Secretariat, Velagapudi Amaravathi, Guntur District. The Engineer-in-chief, Panchayat Raj Department Vijayawada, NTR District. The District Collector, Prakasam District At Ongole. The Superintending Engineer, Panchayat Raj Circle, Ongole, Prakasam District. The Executive Engineer, Panchayat Raj Division, Markapur, Prakasam District. The Deputy Executive Engineer, PRI Sub-Division, Yerragundapalem , Prakasam District. The Special Chief secretary, PR and RD Department, Panchayat Raj Department Secretariat, Velagapudi Amaravathi, Guntur District One CC to Sri Pilla N.V.L.Narayana Aditya, Advocate [OPUC] Two CCs to GP for Services -1, High Court of Andhra Pradesh. [OUT] Two CD Copies 2. 3. 4. 5. 6. 7. 8. 9. 10. RAM HIGH COURT DATED: 18/03/2025 5 2 7 MAR 2025 ^ . Current Section . ORDER 09, WP.No.6187 of 2025 DISPOSING OF THE WP WITHOUT COSTS