Delay in issuing a Charge Memo does not invalidate serious charges; promotion consideration cannot be blocked by ongoing disciplinary actions.

ORDER :

Pulla Karthik, J.

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein more particularly the 2^nd respondent in issued the impugned Charge Memo. Rc.No.5506/VC-A/2024, dated 24- 12-2024, after 18 years from the date of incident without any basis and also in contrary to the Proceedings Rc.No.2762/E2/MS/DM&HO/ Nzb/2013, dated 30-5-2014 issued by the than 4th respondent and also in violation of Rule 20 [3] of CCA Rules, as the charge memo is very vague, baseless and not specific and consequentially the Hon’ble Court may pleased to set aside the impugned charge Memo. Dated 30-5-2014, with a further direction to the respondent to promote the petitioner as Asst. Director [Admn] as per the final eligibility list of Administrative Officers, prepared vide Proc. No.3080/GAD/MZ- I/2024, dated 28-10-2024 and may pass…”

2. Heard Sri M.R. Tagore, learned counsel appearing for the petitioner, and learned Government Pleader for Services-I, appearing on behalf of the respondents.

3. Learned counsel for the petitioner submits that the petitioner was initially appointed as Junior Assistant on 30.07.1999, and was subsequently, promoted as Senior Assistant, Superintendent and Administrative Officer on 18.11.2006, 30.04.2018 and 01.09.2022, respectively, and while working as Administrative Officer in the Government College of Nursing, Nizamabad, respondent No.2, vide proceedings dated 28.10.2024, called for the service particulars of (33) eligible Administrative Officers for their promotion to the post of Assistant Director (Admn). The petitioner’s name was placed at Sl.No.17 in the said list, and at present, there are about (20) vacancies available in the cadre of Assistant Director (Admn) in Multi Zone-I, and later, vide proceedings dated 05.11.2024, the Principal of Government School of Nursing, Nizamabad, submitted the service particulars of the petitioner, including no charges certificate. As such, the petitioner is fully qualified, eligible and entitled for promotion to the post of Assistant Director (Admn). Thereafter, respondent No.1 issued G.O.Rt.No.92 dated 05.03.2025, constituting a Departmental Promotion Committee for effecting promotions. However, while the petitioner’s case for promotion was under active consideration, she was issued with the impugned Charge Memo dated 24.12.2024 by respondent No.2, on the vague and baseless allegations of misconduct, illegality, cheating, corruption, theft of service register, original personal file and service documents of one deceased Government employee, Late Md. Ishaque, MPHA (M), CHC, Dharpalli.

4. It is submitted that the aforesaid allegations have arisen out of the incidents allegedly occurred almost (18) years ago, but the charge memo has been issued against the petitioner belatedly. Despite the same, the petitioner submitted her detailed explanation, on 17.01.2025, denying the charge. It is also submitted that the allegation leveled against the petitioner is wholly false and baseless. The petitioner, while working as Senior Assistant, was transferred and posted at the office of the DMHO vide proceedings dated 07.07.2012. Accordingly, she joined duty on 13.07.2012, and was allotted to ‘E5’ section, which contained the files pertaining to the MPHA (M) and MPHS (M) working at CHC, Dharpalli. However, the existing Senior Assistant, Mr. Lateefuddin Mujahed, failed to handover the charge