APHC010142112026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

TUESDAY,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 7548/2026 Between:

1. B AIRI SIMMANNA,, S/O LATE B. KARUVULU, AGED 60 YEARS,OCC. ASSISTANT ENGINEER, O/O DEPUTY EXECUTIVE ENGINEER, T.W. SUB DIVISION, PATHAPATNAM, SRIKAKULAM DISTRICT-532 213. A.P.

...PETITIONER AND

1. T HE STATE OF A P, REP., BY ITS PRINCIPAL SECRETARY TRIBAL WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522002

2. T HE ENGINEERINCHIEF, TRIBAL WELFARE ENGINEERING DEPARTMENT, REVENUE COLONY, LABBIPETA, VIJAYAWADA, KRISHNA DISTRICT-520001 ...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Deputy Executive Engineer, on the ground of pendency of disciplinary proceedings against him vide Charge Memo in Procgs. No. B1/CB3/202/2014- 15. dated. 17.06.2014 and Charge Memo in Proc. NO. CB3/11340755/V and E/2025-2, dated. 23.12.2025 (2016-17) issue as illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India and consequently, direct the Respondents to promote the Petitioner to the post of Deputy Executive Engineer, without reference to the disciplinary proceedings pending against him, from the date of his eligibility, with all service and monetary benefits and to pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to consider the case of the Petitioner for promotion to the post of Deputy Executive Engineer, without reference to the disciplinary proceedings pending against him, vide Charge Memo in Procgs. No. B1/CB3/202/2014-15 dated: 17.06.2014 and Charge Memo in Proc. NO. CB3/11340755/ V&E/2025-2, dated: 23.12.2025 (2016-

17) to pass Counsel for the Petitioner:

1. POODATTU AMARENDER Counsel for the Respondent(S):

1. GP FOR SERVICES II The Court made the following:

ORDER:

1. This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners for the following relief:

“to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Dy. Executive Engineer, on the ground of pendency of disciplinary proceedings vide charge memo dt. 17.06.2014, as illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India and consequently, direct the Respondents to promote the Petitioner to the post of Dy. Executive Engineer, without reference to the disciplinary proceedings / charge memo pending against him, from the date of their eligibility, with all service and monetary benefits and to pass….”

2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

3. The petitioner was appointed as Technical Work Inspector on 26.11.1986 in Tribal Welfare Department. Now the petitioner is working as Assistant Engineer, Tribal Welfare Sub Division, Araku Valley. While things stood thus, the 2^nd Respondent issued a charge memo dated 17.06.2014 alleging certain irregularities against the petitioner in execution of works in widening and gravelling of the road from P-A R &B road to Kithalangi in Dumbriguda Mandal. The petitioner submitted a detailed explanation on 05.11.2016 denying the allegations and requested dropping of further action. However, the disciplinary proceedings are still pending without finalization. Meanwhile, a fina