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Judgment
The present writ petition is filed questioning the action of the respondents in not considering the case of the petitioner for promotion to the post of Grade-III Secretary on the ground of pendency of disciplinary proceedings initiated pursuant to the articles of charge issued vide G.O.Rt.No.291, Agriculture and Cooperation (VIG-II) Department, dated 16.05.2025, in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, as illegal and arbitrary.
The brief facts leading to the filing of the present writ petition are that the petitioner has been working as Assistant Secretary, Agricultural Market Committee, Ongole, since 2025. While so, articles of charge were issued against the petitioner on 16.05.2025, making certain allegations. Thereafter, the petitioner submitted his explanation dated 29.05.2026, denying the allegations contained therein. In spite of the lapse of three and a half months, there has been no progress in the disciplinary enquiry. The petitioner is now eligible for promotion to the post of Grade-III Secretary. However, the case of the petitioner is not being considered for promotion to the said post on account of the pendency of the disciplinary proceedings. Hence, the present writ petition.
The learned counsel for the petitioner submits that the Government has prescribed a timeline for concluding departmental enquiries, specifically three months in cases which are simple in nature and six months in cases which are complex in nature, in terms of G.O.Ms.No.679, General Administration (Ser.C) Department, dated 01.11.2009, read with G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022. However, the respondents have not adhered to the aforesaid timelines for concluding the enquiry. Therefore, the petitioner cannot be denied his right to be considered for promotion. Even otherwise, the petitioner is entitled to be considered for promotion in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999.
The learned Assistant Government Pleader appearing for the respondents, on the other hand, submits that the enquiry would be concluded as expeditiously as possible.
Having heard the respective counsel and taking note of the fact that there has been no progress in the disciplinary enquiry, which is contrary to the time frame prescribed vide G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022, this Court is inclined to dispose of the writ petition, with the consent of both the learned counsel, at the stage of admission, with the following directions:
The respondents are directed to consider the case of the petitioner for promotion to the post of Grade-III Secretary in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, if the petitioner is otherwise within the zone of consideration and possesses the requisite qualifications.
The respondents are further directed to conclude the disciplinary proceedings within a period of six (6) months from the date of receipt of a copy of this order.
The Disciplinary Authority, as well as the Enquiry Officer and the Presenting Officer, shall be personally answerable in the event the enquiry is not concluded within the time frame referred to above.
Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications, if any, pending in this writ petition shall stand dismissed.