P A Syam Sunder vs The State Of Ap
2023 Latest Caselaw 4124 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                     MAIN CASE: W.P.No.23496 of 2023

                              PROCEEDING SHEET
Sl.                                                                                  Office
        DATE                               ORDER
No                                                                                   Note
01.   08.09.2023 TRR, J
                        Learned      counsel         for   the    petitioner    is
                permitted to take out personal notice to the
                respondent Nos.3 to 5 by registered post with

acknowledgment due and file proof of service into the Registry.

The case of the petitioner is that, his case is not considered for promotion and the respondents herein have issued promotion to the unofficial respondents 3,4&5, who are the juniors to the petitioner herein, on the ground that the charges are pending against the petitioner herein and a charge memo vide Rc.No.4253/2021/M1, dated 15.07.2022 was issued against the petitioner herein for misappropriation of funds to a tune of Rs.9,91,349/-.

Learned counsel for the petitioner would submit that under G.O.Ms.No.679, General Administration (Services-C) Department, dated:01.11.2008, respondent-authorities shall dispose of the disciplinary proceedings within a period of six (06) months from its initiation. Despite, the charge memo was issued on 15.07.2022, respondent-authorities have not

concluded the charge memo and also relied on the judgment of the Composite High Court of Andhra Pradesh in Government of Andhra Pradesh v. A.Rajeswara Reddy, reported in (2010) 4 ALT 374 (DB). Hence, prayed to consider the case of the petitioner, for promotion in any existing vacancies, as they have not completed the disciplinary proceedings as contemplated in G.O.Ms.No.679, dated:01.11.2008.

Learned counsel for the respondents furnished a memo vide Ref.no.12870/2019/HR- 1, dated 05.09.2023, which says that charges are pending against the petitioner herein and a Charge Memo was issued on 15.07.2022.

In view of the G.O.Ms.No.679, dated 01.11.2008 and in view of the judgment Government of Andhra Pradesh v. A.Rajeswara Reddy, reported in (2010) 4 ALT 374 (DB), there shall be interim direction to the respondents herein to consider the case of the petitioner on par with the unofficial respondents, if any existing vacancies available.

Post the matter after four (04) weeks.

_______ TRR,J KBN