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2025 Supreme(AP) 562
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY, J.
P.L.N. Prakasa Rao Patnaik, S/O. Late P. Haranath Rao Patnaik – Appellant
Versus
The state of andhra pradesh, rep. By its principal secretary, department of school – Respondent
WRIT PETITION NO: 13822 of 2025
Decided On : 11-08-2025
Advocate Appeared:
For the Appellant : VARUN BYREDDY
For the Respondent: GP FOR SERVICES
Promotion decisions must consider procedural fairness and undue delays in disciplinary proceedings, especially where charges lack seriousness.
Headnote:(A) G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999; G.O.Rt.No.118, School Education (IE-A1) Department, dated 21.04.2025; G.O.Ms.No.8, School Education (IE-A1) Department, dated 08.04.2025 - Disciplinary proceedings and promotion - The action of promoting a junior in place of the petitioner was held illegal due to lack of serious charges against the petitioner and delays in disciplinary proceedings. (Paras 10, 11)
(B) Judicial Review - While courts may review decisions regarding promotion, they will not interfere with the correctness of disciplinary charges. Decisions must consider procedural fairness and undue delay in proceedings. (Paras 10, 11)
Facts of the case:
The petitioner, a junior lecturer since 1996 and promoted to principal in 2015, faced prolonged disciplinary proceedings and was denied promotion to a post for which he was eligible. The government instead promoted a junior, raising concerns of arbitrariness.
Findings of Court:
The court directed the respondents to reconsider the petitioner's promotion case, highlighting inadequate seriousness in the disciplinary charges and emphasizing the delay in proceedings.
Issues: The main issues revolved around the legality of promoting the junior over the petitioner amid pending disciplinary inquiries and procedural fairness in promotions.
Ratio Decidendi: The court ruled that the petitioner's case should be considered for promotion to the DVEO post despite ongoing disciplinary proceedings, given the lack of serious charges and undue delay.
Result: Writ petition disposed of with directions for reconsideration of promotion.
| Table of Content |
|---|
| 1. background on petitioner's promotion issue (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding disciplinary charges and promotions (Para 7 , 8 , 9) |
| 3. court's consideration on seriousness of charges (Para 10) |
| 4. direction for promotion consideration despite charges (Para 11) |
| 5. closure of miscellaneous petitions (Para 12) |
ORDER:
1. The present Writ Petition is filed to declare the action of the Respondents in promoting the junior of the Petitioner in his place vide G.O.Rt.No.118, School Education (IE-A1) Department, dated 21.04.2025, as illegal and arbitrary.
2. The facts leading to filing of the present Writ Petition are as follows :
The Petitioner was selected as Junior Lecturer in the year 1996 and thereafter promoted as Principal in the year 2015 and has been working as Principal of Government Intermediate Colleges. Thereafter, on 27.06.2017, the Petitioner was appointed as the Deputy Secretary/Joint Secretary of the Board of Intermediate Education, Andhra Pradesh on deputation. Subsequently, from 03.03.2021 onwards, the Petitioner was posted as Principal, Government Junior College, Chodavaram.
3. While so, a Charge Memo was issued to the Petitioner vide Proceedings in Rc.No.EHE05-11028/20/2021-SER.I-IE, dated 22.09.2021 and an Enquiry Officer was also appointed. Later vide proceedings in Rc.No.EHE05-11028/20/2021-SER.I-IE, dated 18.04.2022 the Petitioner was kept under suspension for more than ten months without any prima facie evidence.
4. While so, the Commissioner of Intermediate Education issued Proceedings vide Rc.No.EHE05-11024(31)/02/2023, dated 27.05.2023 revoking the suspension of Petitioner pending enquiry. The Commissioner of Intermediate Education issued Proceedings vide Rc.No.EHE05-11024(31)/02/2023, dated 29.08.2023 appointing another Enquiry Officer, as the earlier Enquiry Officer was repatriated to his parent Department. Ever since, there has been no progress in the disciplinary case.
5. It is further submitted that the Government has issued G.O.Ms.No.8, School Education (IE-A1) Department, dated 08.04.2025 to include the names of the Principals of Government Junior Colleges/Dy. District Vocational Education Officers to the post of District Vocational Education Officer (DVEO) of Intermediate Education for the panel year 2024-25, wherein 19 names were approved to be included.
6. It is submitted that the Respondents without considering the request of the Petitioner issued G.O.Rt.No.118, School Education (IE-A1) Department, dated 21.04.2025 granting ad hoc/temporary promotions to 10 Principals of Government Junior Colleges wherein the Petitioner was to be considered to the post of District Vocational Education Officers (DVEO) of Intermediate Education Department but instead of the Petitioner, his junior was considered at Sl.No.10 and posted as District Intermediate Education Officer, Kadapa. It is further stated that the Government has issued G.O.Ms.No.91, dated 12.09.2022 to dispose of the disciplinary cases against the Government employees. However, the Respondents did not take any action. Hence, the present Writ Petition is filed.
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7. Learned counsel for the Petitioner submits that Charges against the Petitioner are concerned, neither allegation of any loss to the Government nor an explanation as to why there was delay of more than 7 years in issuing the Charge Memo.
8. Learned counsel for the Petitioner further submits that in spite of participating in the enquiry by the Petitioner, no decision is forthcoming and the same is likely to hinder his prospects for consideration of his case for promotion to the post of District Vocational Education Officers (DVEO).
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9. Learned Assistant Government Pleader would contend that the Petitioner cannot challenge the Charge Memorandum after participating in the enquiry and as regards the issue of promotion, he submitted that his case would be considered in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999.
10. Having heard the respectiv
