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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY
A. Srinivasa Rao S/o Ankamma – Appellant
Versus
State of Andhra Pradesh – Respondent
1. The present Writ Petition is filed to declare the action of the Respondents in not considering Petitioner’s case for promotion to the Post of Chief Engineer as illegal and arbitrary and consequently direct the Respondents to consider the case of the Petitioner for promotion forthwith as per G.O.Ms.No.257 General Administration (Ser.C) Director dated 10.06.1999.
2. The Petitioner was initially appointed as Assistant Executive Engineer in the year 1997 and subsequently, he was promoted as Deputy Executive Engineer and is working as such at Tenali Municipality, Guntur District. It is stated that now he is eligible and qualified for promotion to the post of Chief Engineer. While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No.134, dated 23.04.2025 alleging that the some inferior quality of works carried under the SDF scheme in the erstwhile SPSR Nellore during the years from 2016 to 2019.
3. It is stated that after till date, no Enquiry Officer has been appointed and there is no progress in the departmental enquiry. While so, the promotion for the post of Chief Engineer are being considered and the apprehension of the Petitioner is that his case would not be co
Promotion applications should not be hindered by non-serious disciplinary charges, aligning with specified governmental guidelines.
Timely completion of disciplinary inquiries is essential for safeguarding the career advancement rights of government employees.
Pending disciplinary proceedings and serious corruption charges can be sufficient grounds to deny notional promotion.
Mere pendency of disciplinary proceedings does not bar consideration for promotion, as established by G.O.Ms.No.257.
Promotion claims require substantiated vacancy; denial of promotion was justified until vacancy arose.
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