Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010438392026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 31st DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24388/2026 Between: 1. BETHA SRINIVASA RAO,, AGED ABOUT 60 YEARS, OCC. ASSISTANT SECRETARY, AGRICULTURE MARKET COMMITTEE RAJAM, VIZIAYANAGARAM DISTRICT - 532117 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY AGRICULTURE, SERICULTURE, COOPERATION AND MARKETING DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT - 522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNENT REVENUE (VIGILANCE-II) DEPARTMENT, SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT - 522238 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, AGRICULTURE MARKET COMMITTEE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT - 522238 4. COMMISSIONER AND DIRECTOR, AGRICULTURE MARKET COMMITTEE CHUTTUGUNTA CIRCLE, GUNTUR, GUNTUR DISTRICT - 522004 ...RESPONDENT(S): 2 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 toissue writ or order or direction more particularly in the nature ,of Writ of Mandamus declaring the in action of the 4th Respondent is denying the case of the petitioner for promotion to the Secretary Grade- III on the ground of pendency of the Article of Charges issued by the 2nd respondent as illegal, arbitrary and in violation of Article 14, 15 and 21 of the Constitution of India and G.O. Ms. No. 257 GAD Department, Dated 10-6-1999 Consequently direct the 4th Respondent to promote the petitioner as Secretary Grade-III as per G.O. Ms. No. 257 GAD Department, Dated 10-6-1999 without reference of Article of Charges issued by the 2nd respondent in existing vacancies 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 direct the 4th respondent to consider the case of the petitioner for promotion to the post of Secretary Grade-III without reference to the Article of Charges issued 7 by the 2nd respondent in the existing vacancies forthwith in terms of G.O. Ms. No. 257 GAD Department, Dated 10-6-1999 pending disposal of the Writ Petition Counsel for the Petitioner: 1. CHEJARLA VENKATESWARA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR SERVICES II The Court made the following: Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.24388 of 2026 ORDER : The present Writ Petition is filed questioning the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Grade-III Secretary on the ground of pendency of Departmental Enquiry vide G.O.Ms.No.257 GAD Department, dated 10.06.1999, as illegal and arbitrary. 2. The facts leading to file the present Writ Petition are as follows:- The Petitioner is working as Assistant Secretary at Agriculture Market Committee, Rajam, Vizianagaram District, since 2022. While so, Charge Memorandum vide G.O.Rt.No.479, dated 29.06.2022 was issued to the Petitioner. In spite of lapse of four years, there was no further progress in the disciplinary enquiry. The Petitioner is now eligible for promotion to the post of Secretary Grade-III. However, the case of the Petitioner was not being considered for promotion to the said post, on account of pendency of disciplinary proceedings. Hence, the present Writ Petition. 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 4 months in case of complex cases in 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 and his case would be considered for promotion in terms of G.O.Ms.No.257, GAD (Ser.C) Department, dated 10.06.1999. 5. Heard Sri Chejarla Venkateswara Rao, learned counsel for the Petitioner and learned Government Pleader for Services-I. 6. Taking note of the G.O.Ms.No.257, dated 10.06.1999 and the time frame fixed vide G.O.Ms.No.91, dated 12.09.2022, this Court is inclined to dispose of the Writ Petition, with the consent of both the counsel at admission stage, with the following directions: 5 (i) The Respondents are directed to consider the case of the Petitioner for promotion to the post of Secretary Grade-III in terms of G.O.Ms.No.257, dated 10.06.1999, if Petitioner is otherwise, in the zone of consideration with requisite qualifications. (ii) The Respondents shall endeavour to conclude the disciplinary proceedings within a period of six (06) months from the date of receipt of a copy of this order. (iii) The disciplinary authority as well as Enquiry Officer and Presenting Officer shall be personally answerable, in the event enquiry is not concluded within the time frame referred above. 6. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 31.08.2026 KLP