APHC010057972026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 3364/2026 Between: 1. SRI K. PRABHUDAS, S/O JEERMIAH, AGED ABOUT 45 YEARS, OCCUPATION GRADE IV PANCHAYAT SECRETARY, R/O H. NO 14-1-5, SUDDABAVI STREET, UDYAGIRI, SPSR NELLORE DISTRICT, 524226, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATI RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522238. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, ANDHRA PRADESH - 524001. 3. THE DISTRICT PANCHAYATI OFFICER, SPSR NELLORE DISTRICT, ANDHRA PRADESH - 524001. 4. THE DIVISIONAL PANCHAYATI OFFICER, KAVALI SUB DIVISION, SPSR NELLORE DISTRICT, ANDHRA 2 DR,J W.P.NO.3364 OF 2026 PRADESH - 524001. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, SANGAM MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH - 524001. 6. THE EXECUTIVE OFFICER PR AND RD, SANGAM MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH - 524001. 7. THE MANDAL PARISHAD DEVELOPMENT OFFICER, VARIKUNTAPADU MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH - 524001. ...RESPONDENT(S) 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 in the nature of writ of Certiorari or any other appropriate writ, order or direction quashing the impugned charge memo /departmental proceedings dated 22-11-2022 as the respondents, despite issuance of the charge memo, have failed to initiate and conduct the departmental enquiry within a reasonable time, thereby keeping the proceedings pending indefinitely and rendering the same arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to consider the petitioner's case for promotion by including his name in the selection list from the provisional seniority list for promotions vide ROC. No.3176/2025-Al under AP State and Subordinate Service Rules, 1996, Rule 33 for Grade III, IV, V and VI of panchayati secretaries without reference to the impugned disciplinary proceedings if found otherwise eligible and to pass such … IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the 3 DR,J W.P.NO.3364 OF 2026 petition, the High Court may be pleased may be pleased to dispense with the Certified Copy of the impugned charge memo /departmental proceedings dated 22-11-2022 in the above Writ Petition and pass such IA NO: 2 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 may be pleased to direct the respondents to provisionally consider the petitioner for promotion / keep one promotional post vacant without reference to the impugned charge memo dated 22-11-2022 pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1. Mr. Gaddam Vinay Mohan Counsel for the Respondents: 1. AGP for Services-I The Court made the following: 4 DR,J W.P.NO.3364 OF 2026 ORDER: The present Writ Petition is filed seeking the following relief: “…to issue a writ, order or direction more particularly in the nature of writ of Certiorari or any other appropriate writ, order or direction quashing the impugned charge memo /departmental proceedings dated 22-11-2022 as the respondents, despite issuance of the charge memo, have failed to initiate and conduct the departmental enquiry within a reasonable time, thereby keeping the proceedings pending indefinitely and rendering the same arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to consider the petitioner's case for promotion by including his name in the selection list from the provisional seniority list for promotions vide ROC. No.3176/2025-Al under AP State and Subordinate Service Rules, 1996, Rule 33 for Grade III, IV, V and VI of panchayati secretaries without reference to the impugned disciplinary proceedings if found otherwise eligible …” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents. 3. A charge memo, dated 22.11.2022, in consequent to proceedings vide R.O.C.No.3782/2022-A4, dated 11.10.2022, was issued to the petitioner framing four charges. The petitioner submitted a written explanation, dated nil, for the issues charged. 4. Learned counsel for the petitioner has submitted that the 3rd respondent has issued a memo appointing the 4th respondent and 6th respondent as Presenting Officers to enquire into the charges issued against the petitioner. He has further submitted 5 DR,J W.P.NO.3364 OF 2026 that in respect of the said charge memo, enquiry is stated to be pending before the 4th and 6th respondents. He has further submitted that since the charge memo is pending, the petitioner’s case for promotion is not being considered. He has also submitted that the petitioner will cooperate with the enquiry. 5. Having heard the respective submissions, this Court is of the opinion that the case of the petitioner for promotion, with reference to the provisional seniority list issued vide R.O.C.No.3179/2025-A1, dated 21.08.2025, may be considered in terms of G.O.Ms.No.257, dated 10.06.1999. 6. Accordingly, the Writ Petition is disposed of directing the respondents to consider the petitioner’s case for promotion, with reference to the provisional seniority list issued vide R.O.C.No.3179/2025-A1, dated 21.08.2025, subject to the petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, and also conclude the enquiry 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. 6 DR,J W.P.NO.3364 OF 2026 As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 05.02.2026 LSP