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2026 DAILYLAW 1046 (AP)

CHODEPALLI PEDDI REDDY v. THE STATE OF ANDHRA PRADESH

WP/9870/2026 · 2026-04-14

D Ramesh

body2026

Judgment text

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1 APHC010195792026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 9870/2026 Between: 1. CHODEPALLI PEDDI REDDY, AS ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, AS ...RESPONDENT 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 IA NO: 1 OF 2026 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 Counsel for the Petitioner: 1. V MAHESWAR REDDY Counsel for the Respondent: 2 1. GP FOR SERVICES I The Court made the following: ORDER: This writ petition is filed to declaring the action of the respondents in not concluding the disciplinary proceedings dated 12.02.2024 even without there bing any misconduct on the pat of the petitioner. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents. 3. The case of the petitioner is that while the petitioner was working as District Fire Officer, Prakasam District at Ongole, the 2nd respondent has issued articles of charges on 12.09.2022. The petitioner had submitted his explanation denying the allegations imputed in the articles of charges. Though more than four years have elapsed, the respondents have not concluded the disciplinary proceedings. 4. Further due to delay in conclusion of the proceedings vitiates the disciplinary proceedings and on account of the pendency of disciplinary proceedings, the claim of the petitioner for promotion to 3 the post of Regional Fire Officer is not being considered. Hence, the present writ petition. 5. Considering the above facts, learned counsel for the petitioner has submitted that the respondents have not complied the instructions issued by the Government vide G.O.Ms.No.91 dated 12.09.2022 and not completed the charges which are framed against the petitioner and not concluded. In fact, in the above said G.O., the Government has categorically issued instructions to all the Principal Secretaries to complete the enquiry within three months with regard to simple cases and as far as in complicated cases, enquiry be completed within 5 to 6 months. But in the instant case, the respondents could not be able to conclude the proceedings even after lapse of three years. Learned counsel further brought to the notice of the Court that in the identical circumstances, this Court has passed catena of judgments directing the respondents to consider the case of the petitioner without reference to the charge memos issued which are not concluded as per G.O.Ms.No.91 dated 12.9.2022, should be considered for promotion as per G.O.Ms.No.257. In the said circumstances, as against the petitioner, no currency of punishment and the charges which are framed were not disposed of/concluded as per G.O.Ms.No.91. 4 Hence the petitioner is entitled for promotion to the post of Regional Fire Officer as per his seniority and eligibility in terms of G.O.Ms.No.257 dated 10.6.1999. 6. Considering the above submissions and on perusal of G.O.Ms.No.49 dated 23.01.2026, the Writ Petition is disposed of directing the respondents to consider the case of the petitioner for promotion to the post of Regional Fire Officer subject to petitioner possessing requisite qualifications and eligibility and his case may be considered in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 with a consequential direction to conclude the disciplinary proceedings dated 12.09.2022 in terms of G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date:15.04.2026 GK 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No:9870 of 2026 Dated:15.04.2026 GK