Allowed

A.Vijaya Santhi v. The State of Andhra Pradesh

Andhra Pradesh HC13 Sept 2022WP/23842/2022

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the Court directed the respondents to consider the petitioner's case for promotion to District Tribal Welfare Officer. The Court held that the petitioner could not be penalized due to negligence by the respondents in concluding long-pending proceedings, as her promotion was erroneously deferred citing a pending ACB case without fresh action.

What did the court decide?

Respondents directed to consider the petitioner's case for promotion to the post of District Tribal Welfare Officer in accordance with G.O.Ms.No.257 dated 10.06.1999.

A.Vijaya Santhi Vs The State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2022)

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THE HON’BLE DR. JUSTICE K. MANMADHA RAO

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WRIT PETITION No.23842 OF 2022

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ORDER :

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This Writ Petition is filed under Article 226 of the

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Constitution of India, seeking the following relief:

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“…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the order of the 1^st respondent vide proceedings in Memo. 8540/TW.Ser.A2/2015, dated 06.10.2021 for further enquiry since the enquiry is over by the 4^th respondent vide Rc.No.A4/626/2014, dated 27.03.2021 and consequently deferred promotion of petitioner in the D.P.C for the post of District Tribal Welfare Officer for the panel year 2021-22 vide Rc.No.SOW03-13021 (32)/1/2020-21-A-SEC-COTW, dated 21.01.2022, as bad, arbitrary, contrary to APCS (Conduct) Rules, 1964 apart from fundamental rights guaranteed under Article 14 and 16 of the Constitution of India and further direct the respondents to consider the case of the petitioner for promotion as District Tribal Welfare Officer in the existing/ ensuing vacancies under due process of law, in the interest of justice and pass such other orders....”

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Heard Ms. M. Vidyavathi, learned counsel for the petitioner and learned Government Pleader for Services-II for the

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respondents.

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The brief case of the petitioner is that she was selected as Assistant Tribal Welfare Officer under S.C category and posted at Buttaigudem in West Godavari District on 01.02.2012. The petitioner applied for leave from 01.12.2015 to 05.12.2017 and rejoined in service as Assistant Tribal Welfare Officer on

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06.12.2017 in Y. Ramavaram, East Godavari District. The 2^nd respondent issued order dated 07.02.2020 by framing Articles of Charges and to conduct enquiry against the petitioner and the petitioner has submitted her explanation dated 26.02.2020. The petitioner made several representations to the respondents to drop the charges, since the name of the petitioner is in promotion list for the post of District Tribal Welfare Officer. Basing on the explanation submitted by the petitioner, the 4^th respondent conducted enquiry and submitted a report to the 2^nd respondent dated 27.03.2021 holding that the petitioner has shown some negligence in discharge of her duties, but in view of her request to pardon her on humanitarian grounds, the action initiated against her as per A.P.Civil Services Rules, 1991.

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Despite request of the petitioner the 1^st respondent issued proceedings dated 06.10.2021 directing the 2^nd respondent to remit back the matter to the Inquiry Officer for conducting further enquiry in the matter. Pursuant to the same, the 2^nd respondent addressed a letter to the 3^rd respondent dated 22.02.2022 requesting to furnish all the relevant records pertaining to surprise check conducted on 10.07.2014 at Government TW Hostel (G) Rajanagaram, West Godavari District for taking further action. In the meanwhile, the respondents held DPC for promotion to the post of District Tribal welfare Officer from the cadre of Assistant

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Tribal Welfare Officer, though the case of the petitioner considered and it was deferred stating that ACB case is pending against the petitioner. In view of enormous delay in not furnishing the alleged report of ACB to the respondents, the petitioner is deprived of her promotion in the recent past where DPC deferred the case of the petitioner on the ground of ACB case is pending is highly illegal and arbitrary. Hence the inaction of the respondents is questioned in this writ petition and requested to allow the writ petition as prayed for.

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During hearing learned counsel for the petitioner reiterated the contents urged in the writ petition. Whereas learned Government Pleader for the Services-II for the respondents opposed to grant relief in favour of the petitioner.

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Learned counsel for the petitioner would contend that the 2^nd respondent addressed a letter to the 3^rd respondent dated 22.02.2022 requesting to furnish the records pertaining to surprise check conducted on 10.07.2014, so far no record is furnished and no further action taken. Meantime DPC held for promotion to the post of District Tribal Welfare Officer. Though the petitioner is eligible the respondents deferred the case of the petitioner on the ground of ACB case is pending. But so far no steps have been

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taken by the respondents to conclude the alleged charges levelled against the petitioner and simply stating that ACB case is pending.

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This Court finds that there is sheer negligence on the part of the respondents in not concluding the alleged issues attributed against petitioner and consequently denying the promotion of the petitioner stating that ACB case is pending, though the respondents did not take steps to conclude the proceedings since long time, therefore the petitioner cannot be penalized due to acts committed by the respondents as stated supra.

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Under these circumstances, this writ petition is disposed of, while directing the respondents to consider the case of the petitioner for promotion to the post of District Tribal Welfare Officer as and when promotions are being effected strictly in accordance with G.O.Ms.No.257, General Administration (SER.C) Department, dated 10.06.1999.

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With the above direction, Writ Petition is disposed of at the stage of admission. No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.

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___________________________ DR.K. MANMADHA RAO, J

Date: 13.09.2022

THE HON’BLE DR. JUSTICE K. MANMADHA RAO

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WRIT PETITION No.23842 OF 2022

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Date: 13.09.2022