ORDER

The above writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue a Writ more in the nature of Writ of Mandamus or any other Writ order or direction to direct the 1st & 2nd Respondents to consider the case of the Petitioner for promotion as Deputy Executive Engineer without reference to charge memo issued by the 1st Respondent bearing G.O.Rt.No.792 MA & UD (Vig.lll) Dept., dated 20/12/2022 and promote her as such by declaring the action of the Respondents in not considering the claim of the Petitioner for promotion as Deputy Executive Engineer without taking charge memo for the incident of 2014-2015 and though already co-charge officer has been considered and promoted in the same incident is totally illegal arbitrary unconstitutional and void being violation of Art.14 & 16 of the Constitution of India and analogy of orders issued by the Hon’ble Court in WP.No.8690/2016 dated 18/03/2016 and to pass such other or further orders …”

2. Heard Sri R.Rajasekhar Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Services appearing for the respondents.

3. Learned counsel for the petitioner would submit that a charge memo vide G.O.Rt.No.792 Municipal Administration & Urban Development (Vig.III) Department dated 20.10.2022 was issued. However, the inquiry is not completed so far. The charge memo was issued for the incident of the year 2013-14. A common enquiry was ordered against the petitioner and 15 others. Petitioner submitted written explanation 23.01.2023. However, the inquiry is not completed so far. He would submit the case of petitioner is not considered for promotion in view of the charge memo. Learned counsel urged to direct the respondents to consider the case of the petitioner for promotion to the post of Deputy Executive Engineer without reference to the charge memo issued by the respondent No.1 vide G.O.Rt.No.792 Municipal Administration & Urban Development (Vig.III) Department, dated 20.12.2022, in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999.

4. Learned Assistant Government Pleader for Services appearing for the respondents did not refute the submission made by learned counsel for the petitioner.

5. As seen from the material on record, a charge memo was issued against the petitioner on 20.10.2022. Inquiry is not concluded so far. The Government 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. In the case at hand, despite the G.O.91, dated 12.09.2022, the inquiry is not completed. For the lapses on the part of the respondent authorities qua inquiry, the petitioner shall not be penalized.

6. Given the facts and circumstances of the case, without touching the merits of the matter, 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 to the post of Deputy Executive Engineer without reference to the charge memo issued by the respondent No.1 vide G.O.Rt.No.792 Municipal Administration & Urban Development (Vig.III) Department, dated 20.12.2022, in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 if the petitioner is in zone of consideration. The respondents shall also complete the inquiry in terms of G.O.Ms.No.91 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 : 20.08.2024 TVN THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.18199 OF 2024 Date : 20.08.2024 TVN