Lanka Ravi Kumar Vs the State of Andhra Pradesh

¶1

APHC010189352026

¶2

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

¶3

[3208]

¶4

THURSDAY,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 9981/2026

¶7

Between:

¶8

LANKA RAVI KUMAR, AGED ABOUT 59 YEARS, OCC ASSISTANT ENGINEER, O/O EXECUTIVE ENGINEER TRIBAL WELFARE DEPARTMENT SRISAILAM R/O SEETHARAMA APPARTMENT, OLD GUNTUR, GUNTUR DISTRICT.

¶9

...PETITIONER

¶10

AND

¶11

THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE ENGINEERING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

¶12

THE CHIEF ENGINEER, TRIBAL WELFARE ENGINEERING DEPARTMENT, REVENUE COLONY, LABBIPETA, VIJAYAWADA KRISHNA DISTRICT.

¶13

...RESPONDENT(S):

¶14

The Court made the following ORDER:

¶15

This Writ Petition is filed seeking to declare to declare the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Dy. Executive Engineer, on the ground of pendency of disciplinary proceedings No. CBS 278/CF5098969A/ig.R.17/2021-1, dated 07.12.2021, which is illegal and arbitrary,

¶16

Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

¶17

The learned counsel for the petitioner submits that the disciplinary proceedings were initiated against the petitioner vide charge memo dated 07.12.2021 and, subsequently, a detailed enquiry was conducted. The enquiry has been completed, and the enquiry report was submitted on 28.07.2023. As per the findings of the enquiry report, the Articles of Charge Nos. 1 to 5 framed against the petitioner were held as “not proved.” However, for reasons best known to the disciplinary authority, no final orders have been passed till date. On account of the pendency of the said disciplinary proceedings, the respondents are not considering the case of the petitioner for promotion, which is contrary to the instructions issued by the Government and the principles laid down by the Hon’ble Apex Court, as well as the orders passed by this Court in similar matters. It

¶18

is also brought to the notice of this Court that an identical issue has already been considered by this Court in W.P. No. 5078 of 2026, wherein a

¶19

direction was issued to the respondents to consider the case of the petitioner therein for promotion without reference to the charge memo.

¶20

The learned counsel for the petitioner has further placed reliance on the general instructions issued by the Government in G.O.Ms. No. 91, General Administration (Services) Department, dated 12.09.2022, wherein it is stipulated that disciplinary proceedings are to be concluded within a reasonable time. In the present case, though the enquiry has been completed and the report was submitted as early as in the year 2023, no final orders have been passed by the respondents. In the present case, though the disciplinary proceedings were initiated in the year 2021 and a detailed enquiry was conducted, culminating in the submission of the enquiry report on 28.07.2023, the respondents have failed to pass any final orders till date. Such inaction on the part of the respondents is in clear violation of the guidelines issued in G.O.Ms. No. 91, as the petitioner’s case for promotion is being withheld solely on account of the pendency of the said proceedings.

¶21

Considering the submissions made and upon perusal of the record, this Court, without going into the merits of the case, deems it appropriate to dispose of the writ petition with the following directions:

¶22

(i) The respondents are directed to consider the case of the petitioner for promotion to the post of Deputy Executive Engineer in accordance with G.O.Ms.No.257, General Administration (Ser.C)

¶23

Department, dated 10.06.1999, if he is otherwise within the zone of consideration, without reference to the charge memo dated 07.12.2021;

¶24

(ii) The respondents are further directed to conclude the disciplinary proceeding and pass appropriate orders, in terms of G.O.Ms.No.91, General Administration (Services) Department, dated 12.09.2022, within a period of two (02) months from the date of receipt of a copy of this order.

¶25