A Venkateswarlu vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Municipal Admn.)
Before:
Hon'ble Subba Reddy Satti
Listed On:
22 Aug 2024
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.18341 OF 2024
Between:
A.Venkateswarlu, S/o A.Kotaiah, Aged 60 years, Occ: Superintendent, Presently working as Municipal Commissioner, Gudur Municipality, Tirupati District. (SPSR Nellore District).
… Petitioner
And
The State of A.P., rep by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Velagapudi, At Amaravati, Guntur District and another.
… Respondents
| Counsel for the petitioner | : | Sri T.S.N.Sudhakar |
|---|---|---|
| Counsel for respondents | : | GP for Services –<br>IV |
ORDER
The above writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"…to issue an appropriate order or directions more particularly one in the nature of Writ of Mandamus declaring the action of the respondents not considering the petitioner claim for promotion to the post Assistant Director of Municipal Administration without reference to the charge memo vide G.O.Rt.No.254 Municipal Administration and Urban Development (Vig.II.2) Department dated 21.04.2015 and G.O.Rt.No.381 Municipal Administration &
Urban Development (Vig.I.1) Department dated 03.06.2015 in terms of G.O.Ms.No.257 General Administration Department dated 10.06.1999 as highly illegal, arbitrary, unjust, discrimination, unconstitutional and violation of Article 14 and 16 & 21 of the Constitution of India and contrary to the orders of this Hon'ble Court and consequentially direct the respondents to promote the petitioner as Assistant Director of Municipal Administration in terms G.O.Ms.No.257 General Administration Department dated 10.06.1999 with all consequential benefits and pass such other or further orders …"
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Heard Sri T.S.N.Sudhakar, learned counsel for the petitioner and Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for Services appearing for respondent Nos.1 & 2.
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Two charge memos vide G.O.Rt.No.254 Municipal Administration & Urban Development (Vig.II-2) Department, dated 21.04.2015 (Ex.P1) and G.O.Rt.No.381 Municipal Administration & Urban Development (Vig.I-1) Department, dated 03.06.2015 (Ex.P2) were issued against the petitioner.
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Learned counsel for the petitioner would submit that the inquiry in respect of aforementioned two charge memos are still pending and is not concluded so far. He also would submit that in terms of G.O.Ms.No.679 General Administration (Services-C) department, dated 01.11.2008, the respondent authorities shall conclude the inquiry within three months in respect of simple cases and within six months in respect of complicated cases. However, the inquiry is not completed so far. He also would submit that the case of the petitioner is not been considered for promotion in view of pendency of charge memos.
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Learned Assistant Government Pleader for Services would submit that the inquiry will be concluded in terms of G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022.
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The Government issued G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999 prescribing guidelines to be followed by the authorities while considering the candidature of the employee for promotion wherever inquiry is pending. The Government also issued G.O.Ms.No.91 General Administration (Ser-C) Department, dated 12.09.2022 prescribing time lines to complete the inquiry within three months and six months in case of simple and complicated respectively. The case at hand, two charge memos dated 21.04.2015 (Ex.P1) and 03.06.2015 (Ex.P2) were issued against the petitioner. However, the inquiry is not concluded so far. For the laches on the part of the respondent authorities in concluding the inquiry, the petitioner shall not be put to suffer.
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Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel directing the respondent authorities to consider the case of the petitioner for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, if the petitioner is in the zone of consideration and fulfils all requisite qualifications. The respondents also conclude the inquiry in terms of G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI
Date : 22.08.2024 TVN
192
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.18341 OF 2024
Date : 22.08.2024 TVN