APHC010142152026 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: 7547/2026 Between:

1. B ONI GANESH, S/O B. SANGAMAYYA, AGED ABOUT 39 YEARS, OCC ASST. EXECUTIVE ENGINEER, ANANTHAGIRI SECTION, TRIBAL WELFARE ARAKU DIVISION, ALLURI SEETHARAMA RAJU DISTRICT. R/O GANGACHOLLAPENTA, GAJAPATHINAGARAM MANDAL, VIZIANAGARAM DISTRICT-535 270 A.P.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE ENGINEERING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522 002.

2. T HE CHIEF ENGINEER, TRIBAL WELFARE ENGINEERING DEPT., REVENUE COLONY, LABBIPETA, VIJAYAWADA, KRISHNA DISTRICT - 521 322 A.P.

...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 topleased 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 in Procgs. No. CB2-47/Vig and Enft/Rep-11/2021-1, dated 25.03.2021 and Charge Memo, in Procgs No. CB3/C.7997568/V.R.19/ Mandanapuram/2023, dated 16.11.2023, issued by the Engineering-in-Chief, 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 memos 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 pleased to direct the Respondents to consider the case of the Petitioner for promotion to the post of Dy. Executive Engineer, without reference to the disciplinary proceedings vide Charge Memo in Procgs. No. CB2- 47/Vig&Enft/Rep-11/2021-1, dated: 25.03.2021 and Charge Memo. Procgs No. CB3/C.7997568/VR.19/ Mandanapuram/2023 dated 16.11.2023, pending against him, pending disposal of the above writ petition and 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. 16.11.2024, 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 Assistant Executive Engineer on 11.07.2017 in Tribal Welfare Engineering Department. The 2^nd Respondent issued a charge memo dated 25.03.2021 alleging procedural irregularities in connection with the construction of roads from Maluva colony in Maluva Panchayat to Savara Maluva, Seethampeta, Srikakulam District. The petitioner submitted a detailed explanation on 08.01.2025 denying the allegations and requested dro