Nalamalapu Radha, D/o. N. Anji Reddy v. State Of Andhra Pradesh, Rep. By Its Principal Secretary, Health, Medical And Family Welfare Department
2026-03-30
D.RAMESH
body2026
DigiLaw.ai
ORDER : D. RAMESH, J. 1. This Writ Petition is filed seeking to declare the action of the respondents in not considering the case of the petitioner for promotion to the post of Social Welfare Instructor pending disciplinary proceedings in terms of G.O.Rt.No.221 dated 21.02.2024 of the 5 th respondent as illegal and arbitrary. 2. The facts leading for filing the Writ Petition are as follows:- The Petitioner was initially appointed as Health Assistant in the year 2008 and therefore by virtue of her seniority and eligibility she was further promoted to the post of MSW Gr-I/Lecturer in Social Sciences on 12.11.2013. While so, the petitioner was considered for deputation to the post of Municipal Administraton Service and she was posted as Municipal Commissioner, Proddatur, YSR District and joined in the said post on 26.09.2019. While working so, Anti Corruption Bureau conducted a sudden check and the petitioner was fastened with misconduct mostly in relation to the allegation of supervisory lapses and a charge memo was issued dated 21.02.2024 initiating the disciplinary proceedings against the petitioner. The petitioner has submitted the explanation to the charges. Despite the Government stipulated the framework of time for conclusion of the departmental proceedings and guidelines for consideration of the claims of the employees, the respondents are not adhering to the said guidelines and also the judicial pronouncements and the principles enumerated therein. Hence, the present writ petition. 3. Heard Sri V. Maheswara Reddy, learned Counsel for the Petitioner and learned Assistant Government Pleader for Services-II for the Respondents. 4. During hearing, learned Counsel for the Petitioner has brought to the notice of this Court that though the petitioner is eligible for promotion to the post of Social Welfare Instructor pending disciplinary proceedings in terms of G.O.Ms.No.257 dated 10.06.1999 and G.O.Ms.No.91 dated 12.09.2022, the respondents are not considering the case of the petitioner for promotion to the post of Social Welfare Instructor without reference to the charges. Despite long lapse of more than one year, the Respondents have not concluded the disciplinary proceedings. By virtue of pendency of disciplinary proceedings, the Respondents did not consider the case of the petitioner for promotion to the post of Social Welfare Instructor. 5.
Despite long lapse of more than one year, the Respondents have not concluded the disciplinary proceedings. By virtue of pendency of disciplinary proceedings, the Respondents did not consider the case of the petitioner for promotion to the post of Social Welfare Instructor. 5. Considering the submissions made, this Court opined that even after lapse of one year, the Respondents did not conclude the disciplinary proceedings is quite contrary to the instructions in Clause 5(ix) issued vide G.O.Ms.No.91 General Administration (SER.C) Department, dated 12.09.2022, which reads as follows:- “ix. Government direct that in all simple cases the inquiry initiated against Government Servant shall be completed within three months either by Departmental Officers or Commissioner of Inquiries. In complicated cases, it shall be ensured that the inquiry should be completed within five to six months. The Secretaries to Government shall review the progress of the inquiries ordered in all disciplinary cases and submit a note on the cases pending beyond the stipulated time to Chief Secretary to Government and also the Chief Minster.” 6. Whereas in the instant case, it is very clear that even after lapse of one year, the Respondents did not conclude the disciplinary proceedings. In that view this Court without touching the merits of the case, considering the submissions made by counsel on both sides, inclined to dispose of the Writ Petition, while directing the Respondents to conclude the disciplinary proceedings within a period of two (02) months from the date of receipt of a copy of this order. If the respondents failed to conclude the disciplinary proceedings within a period of two months from the date of receipt of copy of this order, the respondents are directed to consider the case of the petitioner for promotion to the post of Social Welfare Instructor without reference to the charge memo. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.