Andhra Pradesh High Court - Amravati
K Venkataramana vs The State Of Andhra Pradesh on 5 September, 2024
APHC010381912024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
THURSDAY ,THE FIFTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 19375/2024
Between:
K Venkataramana ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. J SUDHEER
Counsel for the Respondent(S):
1. GP FOR SERVICES I
The Court made the following:
:: ORDER ::
The above writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"...to declare the charge memo dated 23.05.2023 as bad illegal arbitrary baseless and further declare the action of the respondents in not finalizing the said disciplinary proceedings within 6 months from the date of issue of charge memo as mandated by the government vide Go Ms no 679 dated 10.06.1999 and also declare the action of the respondents in not Page 2 of 6 SRS,J W.P.No.19375 of 2024 considering the claim of the petitioner for promotion to the post of deputy collector solely on the ground of pendency of the above disciplinary proceedings as bad illegal and unconstitutional and consequently direct the respondents to promote the petitioner as deputy collector with effect from the date of his eligibility and availability of vacancy with all consequential benefits by issuance of Writ, Order or Direction more particularly one in the nature of Writ of Mandamus and pass such other order or orders ..."
2. Heard Sri J.Sudheer, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services appeared for the respondents 1 to 3.
3. A Charge Memo vide CCLA's Ref.No.REV02-28/48/2023 (C.No.2007504), dated 23.05.2023 (Ex.P1) was issued against the petitioner. The petitioner submitted an explanation vide Ex.P2. An Inquiry officer was appointed on 01.08.2023.
4. Learned counsel for the petitioner would submit that the inquiry has not been concluded so far, and the case of the petitioner was not considered for promotion because of the pendency of the aforementioned charge memo.
5. Sri S.Raju, learned Assistant Government Pleader for Services submitted instructions of Assistant Secretary (Services) of CCLA, AP, Mangalagiri. Para No.3 of the said instructions reads as follows:
"The Supplementary Departmental Promotion Committee for the Adhoc panel Year 2023-2024 met on 29.08.2024 and the committee has made the following observations:Page 3 of 6
SRS,J W.P.No.19375 of 2024 "Article of charges are pending against the individual vide CCLA's Prcgs.Dt.23.05.2023 for furnishing false report to the Hon'ble AP Lokayukta on encroachments. The action of the public servant is against to the public interest. Hence, the name of the individual is passed over in the Supplementary DPC in the adhoc panel year 2023-24 of Deputy Collectors in terms of G.O.Ms.No.424, GA (Ser.C) Department, dated 15.04.1976 read with Para 5(B)(iii) and Para 6 of G.O.Ms.No.257, GA (Ser.C) Dept., Dt.10.06.1999 and G.O.Ms.No.66 GA (Ser.C) Dept., Dt.30.1.1991."
6. The instructions further disclose that the Minutes of Supplementary DPC were furnished to the Government. The candidature of the petitioner was considered for the supplementary DPC as his name has come under the zone of consideration and was passed over by the DPC, due to the pending disciplinary case.
7. Admittedly, a charge memo vide Ex.P1 was issued against the petitioner and the inquiry officer was appointed on 01.08.2023. it is pertinent to mention here that the Government issued G.O.Ms.No.91 General Administration (Ser-C) Department, dated 12.09.2022 fixing timelines to complete the inquiry within three months in case of simple and six months in case of complicated cases. In the said G.O., it was further stated that the Secretaries to Government shall review the progress of the inquiries ordered in all disciplinary cases and submit a note on the cases pending beyond the Page 4 of 6 SRS,J W.P.No.19375 of 2024 stipulated time to the Chief Secretary to the Government and also the Chief Minister.
8. Clause (xi) of the said G.O., would prescribe that the inquiry authorities are liable for disciplinary action for their failure to complete the inquiry within the stipulated period. In cases, where a large number of witnesses are to be examined and voluminous material papers are to be verified, the inquiring authorities shall invariably take prior permission from the concerned disciplinary authorities by submitting detailed reasons for continuing the departmental inquiry beyond the stipulated period.
9. Despite, the said G.O., the inquiry in the case at hand, was not completed, within the timeline fixed in the said G.O. Though, the case of the petitioner was under the zone of consideration, however, the same was not considered, because of the pendency of the disciplinary proceedings. The latches on the part of the respondent authority, in concluding the inquiry, the petitioner normally shall not be penalized. However, this is a classic case and example that due to non-concluding the inquiry within the timelines fixed, an employee suffered. At the same time, the employee approached the Court after completion of supplementary DPC and approval from the Government.
10. Given the facts and circumstances of the case, and since the Supplementary DPC was approved by the Government, the Writ Petition is Page 5 of 6 SRS,J W.P.No.19375 of 2024 disposed of directing the respondent authorities to complete the inquiry in terms of G.O.Ms.No.91 General Administration (Ser-C) Department, dated 12.09.2022, within two (02) months. If any Supplementary Departmental Committee is formed, the respondent authorities shall consider the case of the petitioner for promotion based on the outcome of the inquiry or without reference to the charge memo if the inquiry is completed, since the petitioner is retiring within 10 months. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI Date : 05.09.2024 TVN Page 6 of 6 SRS,J W.P.No.19375 of 2024 149 THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.19375 OF 2024 Date : 05.09.2024 TVN