Andhra Pradesh High Court - Amravati
S. Surya Bhagavan vs State Of A.P., on 21 January, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.24259 OF 2020
ORDER:-
This Writ Petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"......pleased to issue an appropriate Writ, Order or Direction,
more particularly one in the nature of Writ of Mandamus, to
declare the action of the respondents in not considering the
genuine claim of the petitioner for promotion to the post of
Deputy Executive Engineer on par with his juniors, even
though the petitioner is fully eligible, qualified and within the
zone of consideration, on the untenable ground that the
departmental proceedings initiated vide Charge Memo bearing
G.O.Rt.No.43 Housing (Vigl.Cell) Department dt.11.05.2018 of
the 1st respondent is pending for the issue related to the year
2007-2008 against the petitioner is illegal, arbitrary, unjust,
improper and contrary to various judicial pronouncements in
the subject matter and consequently direct the respondents to
consider the case of the petitioner for promotion to the post of
Deputy Executive Engineer on par with his juniors, in the
existing vacancies/ensuing promotions without reference to
the pending departmental proceedings initiated vide Charge
Memo bearing G.O.Rt.No.43 dt.11.5.2018 of the 1st respondent
and to pass........."
2. Heard Smt Kavitha Gottipati, learned counsel for the
petitioner, and Sri E.V.Jagannadha Rao, learned Standing Counsel
for A.P.State Housing Corporation Limited appearing for the
respondents.
3. The petitioner was initially appointed as Work Inspector on
25.3.1985 and subsequently, promoted as Assistant Engineer on
01.02.2002. While he was working as Assistant Engineer (H),
Kanigiri Mandal, respondent No.1 has framed certain charges
against this petitioner vide G.O.Rt.No.43, dated 11.5.2018, stating
that the petitioner has released an inadmissible amount of
Rs.9,800/- to Smt Konanki Nagalakshmamma who has sanctioned
house in earlier scheme and an amount of Rs.7,484/- to Pothuraju
Balamma without construction of house during the year 2007 and
2008.
In view of the pendency of the disciplinary proceedings, the
petitioner's case was not considered for promotion to the post of
Deputy Executive Engineer though his name was shown at serial
No.19 in the state wide seniority list of Assistant Engineers.
The respondents have prepared a seniority list in the category
of Assistant Engineers wherein the petitioner's name was shown at
serial No.19. By following the said seniority list, the respondents
have issued promotions to the category of Deputy Executive
Engineers up to serial No.73 in the seniority list of Assistant
Engineers but the same is denied to this petitioner on the ground
that disciplinary proceedings are pending against him vide
G.O.Rt.No.43, Housing (Vig.Cell) Department, dated 11.5.2018,
which is not a bar to consider his case for promotion to the next
higher category.
The Government has issued instructions vide G.O.Ms.No.679,
General Administration (Services-C) Department, dated 01.11.2008,
by directing the concerned authorities to complete the departmental
enquiries within three months in simple cases and six months in
complicated cases and also directed that in case, the enquiry is not
completed and there is an abnormal delay in conducting the
disciplinary proceedings, action shall be initiated against the
concerned enquiry authority.
The petitioner further submitted that now the respondents are
going to conduct DPC to finalize the list of promotees basing on the
seniority list. As already number of juniors were promoted as
Deputy Executive Engineers due to the lapse on the part of the
department in completing the departmental enquiry, the petitioner
cannot be made to suffer and denial of promotion on the ground of
non-completion of disciplinary enquiry is illegal in view of
G.O.Ms.No.257, General Administration (Ser.C) Department, dated
10.06.1999.
4. Smt Kavitha Gottipati, learned counsel for the petitioner,
reiterated the contentions and requested to issue a direction to
consider the case of this petitioner in terms of G.O.Ms.No.257, dated
10.06.1999.
5. Sri E.V.Jagannadha Rao, learned Standing Counsel appearing
for the respondents, contended that the entire enquiry is completed
and the file was forwarded to the State Government, Vigilance Cell
and it is pending for passing final order with the Government against
this petitioner and requested to dismiss this petition.
6. Undoubtedly, the enquiry is ordered by G.O.Rt.No.43, dated
11.05.2018 but the Government issued G.O.Ms.No.257, dated
10.06.1999, for consideration of the cases of the Government
Servants who are facing disciplinary proceedings and the enquiry if
not completed for more than two years from the date of initiation of
disciplinary proceedings or prosecution is pending, and directed to
consider their names for promotion not withstanding pendency of the
disciplinary proceedings. A similar case came up for consideration
before a learned Single Judge wherein the learned Single Judge,
relying on the Division Bench judgment in Government of A.P.,
represented by its Principal Secretary, Revenue Department and
another,1 G.O.Ms.No.257, dated 10.06.1999, and another Division
Bench judgment in W.P.No.2246 of 2019 and batch, has directed the
respondents therein to consider the case of the petitioner therein for
promotion without reference to the pendency of disciplinary
proceedings in terms of G.O.Ms.No.257, dated 10.06.1999.
Following the principles laid down in the Division Bench judgment
and keeping in view of the directions issued by the Government in
G.O.Ms.No.257, dated 10.06.1999, the respondents are directed to
consider the case of this petitioner for promotion to the next higher
category, strictly adhering to the terms and conditions contained in
G.O.Ms.No.257, General Administration (Ser.C) Department, dated
10.06.1999.
7. With the above direction, the Writ Petition is disposed of at the
stage of admission with the consent of both the parties. There shall
be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition
shall stand closed.
_________________________________________
JUSTICE M.SATYANARAYANA MURTHY
Date : 21.1.2021
AMD
2010 (4) ALT 374 (D.B.)
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.24259 OF 2020
Date : 21.01.2021
AMD
