APHC010398912024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
TUESDAY ,THE TWENTY NINETH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 20376/2024
Between:
1. K ILLO HARIDAS, S/0 LATE DAMODHAR, AGE 56 YEARS,
PRESENTLY WORKING AS ASSISTANT CITY PLANNER AT
KAKINADA MUNICIPAL CORPORATION KAKINADA, KAKINADA
DISTRICT.
...PETITIONER
AND
1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN
DEVELOPMENT (VIG-I) DIRECTORATE ATE SECRETARIAT
BUILDINGS, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT.
2. T HE DIRECTOR OF TOWN AND COUNTRY PLANNING,
GOVERNMENT OF ANDHRA PRADESH MGM CAPITAL, GROUND
FLOOR, NRI HOSPITAL NH FLY OVER, MANGALAGIRI, GUNTUR
DISTRICT, AMRAVATI.
...RESPONDENT(S):
Counsel for the Petitioner:
1. S SRINIVASA RAO
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
2
W.P.No.20376 of 2024
The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with
the following prayer:
“….to issue any writ, order or direction more particularly one in the
nature of writ of mandamus aggrieved by the action of respondent in
not considering case of petitioner for promotion to the post of Deputy
nd
Director/Deputy City Planner at 2 respondent Director of Town and
Country Planning which is highly illegal
… ”
2. Heard Sri S.Srinivasa Rao, learned counsel for the petitioner and
Sri.R.S.Manidhar Pingali, learned Assistant Government Pleader for Services.
3. Learned counsel for the petitioner would submit that the petitioner was
appointed as Town Planning Building Overseer in the year 1987 and
thereafter he got promotion as Assistant City Planner in the year 2016 and
since then he has been working as Assistant City Planner. Learned counsel
further would submit that respondents have conducted surprise check on
13.12.2019 and consequently, issued G.O.RT No.684 of Municipal
Administration & Urban Development (VIG.I) Department dated 04.09.2024
and framing the charges on the basis allegations of the year of 2019 and the
same was issued with intent to delay and obstruct the promotion of the
petitioner. Learned counsel further would submit that the petitioner was
placed in the order of Seniority for the post of Deputy Director, Town Planning
nd
and the 2 respondent is going to conduct Departmental Promotions.
3
W.P.No.20376 of 2024
4. It is contended that because of pendency of the disciplinary
nd
proceedings and criminal proceedings, the 2 respondent is trying to deny the
promotion of the petitioner. It is stated that as per G.O.Ms.No.257 dated
10.06.1999, mere pendency of disciplinary proceedings or pendency of
criminal case are not a bar for considering the case of the petitioner for
promotion. He, therefore, prays for consideration of the case of the petitioner
for promotion and direction may be given to the respondents to consider the
case of petitioner in the light of G.O.Ms.No.257, dated 10.06.1999.
5. Learned Assistant Government Pleader would submit that the Court
may pass appropriate orders in the light of G.O.Ms.No.257.
6. At this juncture, it is relevant to refer G.O.Ms.No.257 General
Administration (Ser.C) Department, dated 10.06. 1999 and it reads thus:
GOVERNMENTOF ANDHRA PRADESH
ABSTRACT
Public Services State and Subordinate Services Appointment by
Promotion/Transfer to higher categories of Employees who are facing
disciplinary case - Guidelines - Issued.
GENERAL ADMINISTRATION (SER.C) DEPARTMENT
G.O.Ms.No.257. Dated 10-06-1999.
Read the following:
1. G.O.Ms.No.424, GA (Ser.C) Dept., dt.25-05-76.
4
W.P.No.20376 of 2024
2. G.O.Ms.No.104, GA (Ser.C) Dept., dt.16-02-1990.
3. G.O.Ms.No.66, GA (Ser.C) Dept., dt.30-01-91.
4. From the Dept. of Personnel & Training, Ministry of Personnel, Public
Grievances & Pensions Govt. of India, Memo.No.22011/ 4/91 -Estt. (A), dt.14-
09-1992.
5. G.O.Ms.No.74, GA (Ser.C) Dept., dt.24-02-94.
6. G.O.Ms.No.203, GA (Ser.C) Dept., dt.05-05-99.
ORDER:
st rd
In the G.Os 1 to 3 read above, orders were issued enunciating
guidelines for consideration of employees who are facing disciplinary
enquiries in regard to their appointment by promotion or transfer to higher
categories.
2. In the reference fourth read above, the Ministry of Personnel, Public
Grievances and Pensions, Government of India have issued guidelines in
regard to consideration of Government servants against whom disciplinary or
court proceedings are pending or whose conduct is under investigation, for
promotion to next higher categories. Keeping in view the said guidelines,
orders have been issued in the G.O. fifth read above, for consideration of
employees for ad hoc promotion where the disciplinary case/criminal
prosecution against the Govt. employees is not concluded even after the
expiry of two years from the date of the meeting of the first Departmental
Promotion Committee, in which the employee was considered, in case the
employee is not under suspension.
5
W.P.No.20376 of 2024
3. It has come to the notice of Government, that the guidelines issued in
the said orders are not being strictly adhered to in several departments and ad
hoc promotion is being considered on the simple ground, that two years period
has elapsed after institution of disciplinary proceedings against the employee
without going into the desirability of making ad hoc promotion in such case.
The Government have carefully reviewed the issue and accordingly It has
been decided to cancel the orders Issued in the G.O. fifth read above and
issue suitable guidelines on the subject.
4. Accordingly, orders issued in the G.O.Ms.No.74, General
Administration (Ser-C) Department, dated the 24th February, 1994 are hereby
cancelled with immediate effect.
5. Government also order that with immediate effect the following
procedure and guidelines, be followed to consider the employees against
whom disciplinary cases or criminal prosecution are pending or whose
conduct is under investigation, for appointment by promotion or transfer, to
next higher categories.
A. The details of employees in the zone of consideration for promotion
falling under the following categories should be specifically brought to the
notice of the Departmental Promotion Committees or Screening Committees:-
(1) Officers under suspension;
(II) Officers in respect of whom a charge sheet has been issued and the
disciplinary proceedings are pending;
6
W.P.No.20376 of 2024
(III) Officers in respect of whom prosecution for a criminal charge is
pending.
B. Officers who are facing enquiry, trial or investigation can be
categorised into the following groups based on the nature of the allegations of
charges pending against them or about to be instituted namely:-
(i) an officer with a clean record, the nature of charges or allegations
against whom relate to minor lapses having no bearing on his integrity or
efficiency, which even if held proved, would not stand in the way of his being
promoted;
(ii) an officer whose record is such that he would not be promoted,
Irrespective of the allegations or charges under enquiry, trial or Investigation;
and
(iii) an officer whose record is such that he would have been promoted
had he not been facing enquiry, trial or investigation, in respect of charges
which, if held proved, would be sufficient to supersede him.
C. The suitability of the officers for inclusion in the panel should be
considered on an overall assessment based on the record which should
Include namely:-
(i) Adverse remarks recorded in the Annual Confidential reports, the
penalties awarded and the bad reputation of the officer as vouchsafed by the
Head of the Department and the Secretary to Government of the Department
concerned;
7
W.P.No.20376 of 2024
The above cases should be considered as falling under category (II) of
item (B) above.
(ii) The officers who do not have any adverse entry in the Annual
Confidential Report, and who have no penalties awarded against them in the
entire duration of the post and not merely in the past five years and whose
reputation is vouchsafed by the Head of the CAS Department and Secretary
to Government of the Department concerned should be considered as falling
under category (iii) of Item (B) above.
The officers categorised as under item (III) of G.O.Ms.No.424, GA
(Ser.C) Dept., dated 25-05-76 as mentioned above only should be considered
for adhoc promotion after completion of two years from the date of the
Departmental Promotion committee or Screening committee Meeting in which
their cases were considered for the first time.
6. The appointing authority should consider and decide that it would not
be against public interest to allow ad hoc promotion to the officer concerned
and this shall be decided with reference to the charge under enquiry. If the
charge is one of moral turpitude, misappropriation, embezzlement and grave
dereliction of duty then the appointing authority should consider as not in the
public interest to consider ad hoc promotion to such charged officer. But,
however, if the charge is not a grave one but is a minor one, not involving
moral turpitude, embezzlement and grave dereliction of duty then only in such
cases he appointing authority should consider that it would not be against
public interest to allow ad hoc promotion because till then his record Is clean
8
W.P.No.20376 of 2024
with reference to ACRs, past punishment and reputation in the department as
vouchsafed by the Head of the Department and Secretary to Government.
The appointing authorities should strive to finalise the disciplinary cases
pursuing them vigorously so that within two years the proceedings are
concluded and final orders issued.
7. If the Officer concerned is acquitted, in the criminal prosecution on
the merits of the case or is fully exonerated in the departmental proceedings,
the ad hoc promotion already made may be confirmed and the promotion
treated as a regular one from the date of the ad hoc promotion with all
attendant benefits. In case the officer could have normally got his regular
promotion from a date prior to the date of his ad hoc promotion with reference
to his placement in the Departmental Promotion Committee proceedings and
the actual date of promotion of the person ranked immediately junior to him by
the Departmental Promotion committee, he would also be allowed his due
seniority and benefit of notional promotion.
8. If the Officer is not acquitted on merits in the criminal prosecution but
purely on technical grounds and Government either proposes to take up the
matter to a higher Court or to proceed against him departmentally or if the
Officer Is not exonerated in the departmental proceedings, the adhoc
promotion granted to him should be brought to an end.
9
W.P.No.20376 of 2024
9. All the Departments of Secretariat and Heads of Departments should
follow the above instructions scrupulously and bring it to the notice of all the
concerned.
(BY ORDER AND IN THE NAME OFTHE GOVERNOR OF ANDHRA
PRADESH)
*****
7. It is relevant to understand the tenor of para 6 of the G.O. which states
that while considering an ad hoc promotion, the appointing authority should
consider and decide as to whether it would be against the public interest or
not. Further, the same provides that if the charge is one of moral turpitude,
misappropriation, embezzlement, and grave dereliction of duty then the
appointing authority should consider it as not in the public interest to consider
ad hoc promotion to such charged officer.
8. Considering the submissions made and in the light of the Government
orders referred supra, the Writ Petition is disposed of, directing the
respondents to consider the case of the petitioner according to individual rules
and law. No order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand
closed.
_____________________________________
JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 29.10.2024
SAB
10
W.P.No.20376 of 2024
**
JUSTICE VENKATA JYOTHIRMAI PRATAPA
HON’BLE SMT.
W.P.No.24569 of 2024
Dt.28.10.2024
SAB