A. Srinivasa Rao S/o Ankamma v. State of Andhra Pradesh
2025-08-05
NYAPATHY VIJAY
body2025
DigiLaw.ai
ORDER : 1. The present Writ Petition is filed to declare the action of the Respondents in not considering Petitioner’s case for promotion to the Post of Chief Engineer as illegal and arbitrary and consequently direct the Respondents to consider the case of the Petitioner for promotion forthwith as per G.O.Ms.No.257 General Administration (Ser.C) Director dated 10.06.1999. 2. The Petitioner was initially appointed as Assistant Executive Engineer in the year 1997 and subsequently, he was promoted as Deputy Executive Engineer and is working as such at Tenali Municipality, Guntur District. It is stated that now he is eligible and qualified for promotion to the post of Chief Engineer. While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No.134, dated 23.04.2025 alleging that the some inferior quality of works carried under the SDF scheme in the erstwhile SPSR Nellore during the years from 2016 to 2019. 3. It is stated that after till date, no Enquiry Officer has been appointed and there is no progress in the departmental enquiry. While so, the promotion for the post of Chief Engineer are being considered and the apprehension of the Petitioner is that his case would not be considered for promotion in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed. 4. Learned counsel for the Petitioner submits that Charges against the Petitioner are concerned, neither allegation of any loss to the Government nor an explanation as to why there was delay of more than 9 years in issuing the Charge Memo. He further submits that the charge made against the Petitioner is inferior quality of works carried under the SDF scheme and in that context, the delay is inexplicable. 5. Learned counsel for the Petitioner further submits that though charge sheet is filed, till date no Enquiry Officer was appointed and there is no progress in concluding the disciplinary proceedings and the same is likely to hinder his prospects for consideration of his case for promotion to the post of Chief Engineer. 6. Learned Assistant Government Pleader would contend that the delay in concluding the departmental enquiry is due to some administration grounds and as regards the issue of promotion, he submitted that his case would be considered in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 7.
6. Learned Assistant Government Pleader would contend that the delay in concluding the departmental enquiry is due to some administration grounds and as regards the issue of promotion, he submitted that his case would be considered in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 7. Having heard the respective submissions, this Court is of the opinion that as the charges framed against the Petitioner does not appear to be serious enough and his case can be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999, the present Writ Petition is disposed of in the following terms: (i) The respondents are directed to consider the Petitioner’s case for promotion to the Post of Chief Engineer taking into consideration the nature of charges in the charge memorandum issued vide G.O.Rt.No.134, dated 23.04.2025 being only supervisory failure, in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. (ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed.