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Andhra High Court · body

2025 DIGILAW 950 (AP)

P. L. N. Prakasa Rao Patnaik, S/O. Late P. Haranath Rao Patnaik v. state of andhra pradesh, rep. By its principal secretary, department of school

2025-08-11

NYAPATHY VIJAY

body2025
ORDER: 1. The present Writ Petition is filed to declare the action of the Respondents in promoting the junior of the Petitioner in his place vide G.O.Rt.No.118, School Education (IE-A1) Department, dated 21.04.2025, as illegal and arbitrary. 2. The facts leading to filing of the present Writ Petition are as follows : The Petitioner was selected as Junior Lecturer in the year 1996 and thereafter promoted as Principal in the year 2015 and has been working as Principal of Government Intermediate Colleges. Thereafter, on 27.06.2017, the Petitioner was appointed as the Deputy Secretary/Joint Secretary of the Board of Intermediate Education, Andhra Pradesh on deputation. Subsequently, from 03.03.2021 onwards, the Petitioner was posted as Principal, Government Junior College, Chodavaram. 3. While so, a Charge Memo was issued to the Petitioner vide Proceedings in Rc.No.EHE05-11028/20/2021-SER.I-IE, dated 22.09.2021 and an Enquiry Officer was also appointed. Later vide proceedings in Rc.No.EHE05-11028/20/2021-SER.I-IE, dated 18.04.2022 the Petitioner was kept under suspension for more than ten months without any prima facie evidence. 4. While so, the Commissioner of Intermediate Education issued Proceedings vide Rc.No.EHE05-11024(31)/02/2023, dated 27.05.2023 revoking the suspension of Petitioner pending enquiry. The Commissioner of Intermediate Education issued Proceedings vide Rc.No.EHE05-11024(31)/02/2023, dated 29.08.2023 appointing another Enquiry Officer, as the earlier Enquiry Officer was repatriated to his parent Department. Ever since, there has been no progress in the disciplinary case. 5. It is further submitted that the Government has issued G.O.Ms.No.8, School Education (IE-A1) Department, dated 08.04.2025 to include the names of the Principals of Government Junior Colleges/Dy. District Vocational Education Officers to the post of District Vocational Education Officer (DVEO) of Intermediate Education for the panel year 2024-25, wherein 19 names were approved to be included. 6. It is submitted that the Respondents without considering the request of the Petitioner issued G.O.Rt.No.118, School Education (IE-A1) Department, dated 21.04.2025 granting ad hoc/temporary promotions to 10 Principals of Government Junior Colleges wherein the Petitioner was to be considered to the post of District Vocational Education Officers (DVEO) of Intermediate Education Department but instead of the Petitioner, his junior was considered at Sl.No.10 and posted as District Intermediate Education Officer, Kadapa. It is further stated that the Government has issued G.O.Ms.No.91, dated 12.09.2022 to dispose of the disciplinary cases against the Government employees. However, the Respondents did not take any action. Hence, the present Writ Petition is filed. - 7. It is further stated that the Government has issued G.O.Ms.No.91, dated 12.09.2022 to dispose of the disciplinary cases against the Government employees. However, the Respondents did not take any action. Hence, the present Writ Petition is filed. - 7. 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 7 years in issuing the Charge Memo. 8. Learned counsel for the Petitioner further submits that in spite of participating in the enquiry by the Petitioner, no decision is forthcoming and the same is likely to hinder his prospects for consideration of his case for promotion to the post of District Vocational Education Officers (DVEO). - 9. Learned Assistant Government Pleader would contend that the Petitioner cannot challenge the Charge Memorandum after participating in the enquiry 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. 10. Having heard the respective submissions, this Court is of the opinion that it would not be appropriate for this Court to interfere regarding the correctness of Charge Memorandum. However, as regards the consideration of the case of the Petitioner for the post of District Vocational Education Officers (DVEO), 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. 11. Following the view expressed by this Court in B. Nagesh Babu v State of A.P. , [Order dated 16.12.2024 in W.P.No.29618 of 2024] , 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 District Vocational Education Officers (DVEO) subject to the Petitioner possessing requisite qualification in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 duly taking note of unwarranted delay in conclusion of disciplinary proceedings; - (ii) There shall be no order as to costs. 12. As a sequel, miscellaneous petitions, pending if any, shall stand closed.