APHC010092532026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5219 OF Between: 1. G. VENKATA SUBBAIAH, S/O G. YOCHANA, AGED ABOUT 49 YEARS, WORKING AS DY. EXECUTIVE ENGINEER(R AND B), SUB DIVISION RAYACHOTY, R/O 1 UYYALAVADA MANDAL, NADYAL DISTRICT,518155. 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, TR AND B DEPARTMENT, A.P SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT,522238. 2. THE ENGINEERINCHIEF ADMN, ROAD AND BUILDINGS DEPARTMENT, STATE HODS OFFICES BUILDING, MG ROAD, VIJAYAWADA, KRISHNA DISTRICT,56 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 an appropriate Writ, Order or Direction, more particularly in the nature of a Writ of Mandamus, declaring the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Executive Engineer in the R and B Department, solely on the ground of pendency of Charge Memos vide G.O.Rt.No.21, TR and B (VIG.R and B) Department, dated 17.01.2023, relating to the year 2016 TR and B (VIG.R and B) Department, dated 17.09.2024, relating to the year 2019-20 and G.O.Rt.No.333, TR and B (VIG.R and B) Depart 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5219 OF 2026 G. VENKATA SUBBAIAH, S/O G. YOCHANA, AGED ABOUT 49 YEARS, WORKING AS DY. EXECUTIVE ENGINEER(R AND B), SUB DIVISION RAYACHOTY, R/O 1-16, PEDDAEMMANUR VILLAGE, UYYALAVADA MANDAL, NADYAL DISTRICT,518155. ...PETITIONER AND ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, TR AND B DEPARTMENT, A.P SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT,522238. THE ENGINEERINCHIEF ADMN, ROAD AND BUILDINGS DEPARTMENT, STATE HODS OFFICES BUILDING, MG ROAD, VIJAYAWADA, KRISHNA DISTRICT,560001. ...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 an appropriate Writ, Order or Direction, more particularly in the nature of a Writ of Mandamus, declaring the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Executive Engineer in the R and B Department, solely on the ground of Memos vide G.O.Rt.No.21, TR and B (VIG.R and B) Department, dated 17.01.2023, relating to the year 2016-17 G.O.Rt.No.281, TR and B (VIG.R and B) Department, dated 17.09.2024, relating to the year 20 and G.O.Rt.No.333, TR and B (VIG.R and B) Department, dated IN THE HIGH COURT OF ANDHRA PRADESH [3208] TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY G. VENKATA SUBBAIAH, S/O G. YOCHANA, AGED ABOUT 49 YEARS, WORKING AS DY. EXECUTIVE ENGINEER(R AND B), SUB- 16, PEDDAEMMANUR VILLAGE, ...PETITIONER ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, TR AND B DEPARTMENT, A.P SECRETARIAT THE ENGINEERINCHIEF ADMN, ROAD AND BUILDINGS DEPARTMENT, STATE HODS OFFICES BUILDING, MG ROAD, ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Executive Engineer in the R and B Department, solely on the ground of Memos vide G.O.Rt.No.21, TR and B (VIG.R and B) 17 G.O.Rt.No.281, TR and B (VIG.R and B) Department, dated 17.09.2024, relating to the year ment, dated 2 06.11.2024, relating to the period 07/2018 to 11/2018, issued by the 1st respondent, as illegal, arbitrary, whimsical, violative of the Principles of Natural Justice and contrary to law and consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Executive Engineer without reference to the aforesaid Charge Memos, in terms of G.O.Ms.No.257 dated 10.06.1999, following the analogy of the orders passed by this Hon'ble Court in W.P. No.25098 of 2024 and W.P. No.9722 of 2024, which were granted by duly following the reported judgment of the Division Bench in Government of A.P., represented by its Principal Secretary, Revenue Department vs. A. Rajeswara Reddy, 2010 (4) ALT 374 (DB), and in consonance with G.O.Ms.No.679 dated 01.11.2008 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 to direct the respondents to consider the candidature of the petitioner for promotion to the post of Executive Engineer in the R&B Department against the arising vacancy, without reference to the Charge Memos vide G.O.Rt.No.21, 11 TR&B (VIG.R&B) Department, dated 17.01.2023, relating to the year 2016-17; G.O.Rt.No.281, TR&B (VIG.R&B) Department, dated 17.09.2024, relating to the year 2019-20; and G.O.Rt.No.333, TR&B (VIG.R&B) Department, dated 06.11.2024, relating to the period 07/2018 to 11/2018, issued by the 1st respondent, in terms of G.O.Ms.No.257 dated 10.06.1999, pending disposal of the above Writ Petition Counsel for the Petitioner: 1. MANTAPAMPALLE RAMPRASAD Counsel for the Respondent(S): 1. MANTAPAMPALLE RAMPRASAD Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following Order : The present Writ Petition is filed questioning the action of the respondents in not considering the candidature of the petitioner for promotion to the post of Executive Engineer in R&B Department, on the ground of pendency of Charge Memos viz., vide G.O.Rt.No.21, TR&B (VIG.R&B) 3 Department, dated 17.01.2023 relating to the year 2016-17; G.O.Rt.No. 281, TR&B (VIG.R&B) Department, dated 17.09.2024, relating to the year 2019-20; and G.O.Rt.No.333, TR&B (VIG.R&B) Department, dated 06.11.2024, relating to the period of 07/2018 to 11/2018 issued by the Respondent No.1 as illegal, arbitrary. 2. The facts leading for filing the Writ Petition are as follows:- The Petitioner was initially appointed as Assistant Executive Engineer/ Junior Engineer in R&B Department on 07.07.2025 and he was posted at FN Section-II Tadipatri. Subsequently he was promoted as Deputy Executive Engineer on 30.10.2021. At present he is working in Sub –Division, Rayachoty. While so, Articles of Charges, vide G.O.Rt.No.21, dated 17.01.2023; G.O.Rt.No.281, dated 17.09.2024 and G.O.Rt.No.333, dated 06.11.2024 were issued against the Petitioner by the Respondent No.1 alleging certain allegations under Rule 20 of Andhra Pradesh Civil Services (CCA) Rules, 1991. The Petitioner also submitted a detailed explanation on 15.03.2023 to the Respondent No.1. Thereafter no proceedings were conducted by the Respondents against the Petitioner, even after lapse of 3 years. Petitioner is now due for promotion to the post of Executive Engineer, however, on account of pendency of departmental proceedings, his case is not being considered. 3. Learned counsel for the Petitioner submits that the Government has provided timeline for concluding departmental enquiries specifically three months in case of simple cases and six months in case of complex cases in 4 terms of G.O.Ms.No.679 dated 01.11.2009 read with G.O.Ms.No.91 General Administration (SER.C) Department dated 12.09.2022 rather Respondents were not adhering the aforesaid timelines in concluding the enquiry, therefore, Petitioner cannot be denied his right to be considered for promotion. Even otherwise, Petitioner is entitled to be considered for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 4. Learned Assistant Government Pleader appearing for Respondents on the other hand submits that enquiry would be concluded as expeditiously as possible. 5. In view of aforesaid submissions, with the consent of both the learned counsel, the Writ Petition is disposed at admission stage, directing the Respondents to consider the case of the Petitioner for promotion to the post of Executive Engineer in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, if Petitioner is otherwise, in the zone of consideration with requisite qualifications. Further, the Respondents are also directed to conclude the disciplinary proceedings within a period of six (06) months from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. No order as to costs. 5 As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ JUSTICE D.RAMESH Date: 24.02.2026 KK