THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.18610 of 2026 INTERIM ORDER, DATED 10.07.2026: The present Writ Petition is filed seeking for consideration of the case of the Petitioner for promotion to the post of Chief Engineer on regular basis for the panel year 2025-2026 by the Respondents. 2. The Petitioner is working as Superintending Engineer (DCE), Tribal Welfare Engineering Department, Vijayawada, and was repatriated from Telangana State to Andhra Pradesh in the year 2021. With regard to certain misconduct by the Petitioner with regard to BT works execution, a Departmental Enquiry was initiated against the Petitioner under Rule 20 of APCS (CCA) Rules, 1991, on 13.09.2022 vide G.O.Rt.No.269 SW (TW Ser.II) Department, dated 13.09.2022. 3. The allegations/lapses pointed in the Articles of Charges are as follows: i) “ Check measured of excess lengthy of BT layer in the work No.1 causing excess payment to the contractor on the work providing BT Road from PWD Road to Chander Naik Tahnda of Mansoor (Mandal) in Sangareddy District Estimated cost of Rs.52.00 lakhs” ii) “Recording of excess measurements of Pipe Culvert in works Nos. 6 and 7 causing excess payment to the Contractor i.e., Providing BT road from PWD Road to Modallakunta Thanda of Kalher (Mandal) in Sangareddy District with an estimated cost of Rupees 80.00 lakhs and providing BT Road from PWD Road to Garuguchetla Thanda of Kalher (Mandal) in Sangareddy District with an estimated cost of Rs.35.00 lakhs. 2 iii) “ Providing BT Road from PWD Road to Chander Naik Thanda of Mansoor ( Manda) in Sangareddy District estimated cost of Rs.52.00 lakhs and providing BT Road from Morgi PWD Road to Goma Sadhu Thanda vis Errabodgadda of Nagulagidda ( Mandal) in Sangareddy District estimated cost of Rs.200.00 lakh”. 4. The Petitioner submitted an explanation immediately on 27.09.2022 denying the allegations. No witnesses were cited in the Charge Memorandum on whose statements the charge was supposed to be sustained. Initially, an Enquiry Officer was appointed on 30.01.2024 and since his tenure had completed, another enquiry officer was appointed vide Proceedings dated 26.03.2026 by the Respondents. It is stated that as there is no progress in the Departmental Enquiry, the same is causing hindrance for consideration of his case for further promotion to the post of Chief Engineer. Hence, the Writ Petition is filed. 5. Sri P. V. Ramana, learned counsel for the Petitioner would submit that the delay in concluding the Departmental Enquiry is causing prejudice to the Petitioner in his further promotion though there is no fault on behalf of the Petitioner and delay in considering for further promotion is unwarranted. Learned counsel for the Petitioner pointed out the time frame fixed in G.O.Ms.No.91 General Administration (SER.C) Department, dated 12.09.2022 for conclusion of Departmental Proceedings. 6. Learned Assistant Government Pleader appearing for the Respondents would submit that the case of the Petitioner would be examined in terms of G.O.Ms.No.257, dated 10.06.1999 and appropriate decision will be taken. 3 7. Heard the counsels. 8. The time frame fixed in G.O.Ms. No.91, dated 12.09.2022, is idealistic and cannot be construed as mandatory, as held by the Division Bench of this Court in “State of Andhra Pradesh and others Vs. Lambu Ravi Teja” in W.A. No.1069 of 2026, dated 19.06.2026. Therefore, the delay in conclusion cannot be the sole criterion. 9. Be that as it may, there is a delay in conclusion of the Departmental Enquiry initiated against the Petitioner though the Petitioner had submitted his detailed Statement of Defense way back on 27.09.2022. Though one Enquiry Officer was appointed and thereafter another Enquiry Officer was appointed on 26.03.2026, however, there is no progress in the enquiry. This is a clear indication that the Respondents are not serious regarding the charges leveled against the Petitioner. 10. In view of the above, there shall be an interim direction as under: i) The Respondents are directed to consider the case of the Petitioner for promotion to the post of Chief Engineer in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999 specifically taking note of the delay in conclusion of departmental proceedings and the fact that there is no progress in the Departmental Enquiry. Post on 12.08.2026 for filing Counter Affidavit by the Respondents. __________________ NYAPATHY VIJAY, J Date: 10.07.2026 eha