Andhra Pradesh High Court
WP/8184/2026 of Nalamalapu Radha Vs The State of Andhra Pradesh on 29 March 2026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 8184/2026 Between: 1. NALAMALAPU RADHA, , D/O N. ANJI REDDY, AGED 44 YEARS,
APHC010157982026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
MONDAY,THE THIRTIETH DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 8184/2026
Between:
1. NALAMALAPU RADHA, , D/O N. ANJI REDDY, AGED 44
YEARS, LECTURER IN SOCIAL SCIENCES, ACSR
GOVERNMENT MEDICAL COLLEGE, DEPARTMENT OF
COMMUNITY MEDICINE, NELLORE, NELLORE DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS
PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY
WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238.
2. THE COMMISSIONER OF HEALTH AND FAMILY WELFARE, , ANDHRA PRADESH, 5TH FLOOR, APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT-522503.
3. THE DIRECTOR OF MEDICAL EDUCATION, ANDHRA
PRADESH,
GOVERNMENT
GENERAL
HOSPITAL
PREMISES HANUMANPET, VIJAYAWADA-520003, N.T.R.
DISTRICT.
4. THE REGIONAL DIRECTOR OF MEDICAL AND HEALTH
SERVICES,
ZONE-ILL,
OLD
ITUKULABATTI
ROAD,
GUNTUR, GUNTUR DISTRICT-522001.
5. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL
CHIEF SECRETARY, MUNICIPAL ADMINISTRATION AND
URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238.
...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 a Writ of Mandamus or any other appropriate Writ declaring the action of the respondents in not considering the claim of the petitioner for promotion to the post of Social Sciences Instructor on the ground of pendency of disciplinary proceedings initiated through Charge Memo communicated vide G.O.Rt.No.221, Dt.21.02.2024 of the 5th respondent as illegal, arbitrary and contrary to law and consequently direct the respondents to consider the claim of the petitioner for promotion to the post of Social Sciences Instructor from the category of MSW Gr.l / Lecturer in Social Sciences 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 claim of the petitioner for promotion to the post of Social Sciences Instructor from the category of MSW Gr.l / Lecturer in Social Sciences without reference to the disciplinary proceedings initiated through Charge Memo vide G.O.Rt.No.221, Dt.21.02.2024
of the 5th respondent, pending disposal of the Writ Petition and pass Counsel for the Petitioner:
1. V MAHESWAR REDDY
Counsel for the Respondent(S):
1. GP FOR SERVICES I
The Court made the following:
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ORDER:
1. This Writ Petition is filed seeking to declare the action of the respondents in not considering the case of the petitioner for promotion to the post of Social Welfare Instructor pending disciplinary proceedings in terms of G.O.Rt.No.221 dated 21.02.2024 of the 5th respondent as illegal and arbitrary.
2. The facts leading for filing the Writ Petition are as follows:- The Petitioner was initially appointed as Health Assistant in the year 2008 and therefore by virtue of her seniority and eligibility she was further promoted to the post of MSW Gr-I/Lecturer in Social Sciences on 12.11.2013. While so, the petitioner was considered for deputation to the post of Municipal Administraton Service and she was posted as Municipal Commissioner, Proddatur, YSR District and joined in the said post on 26.09.2019. While working so, Anti Corruption Bureau conducted a sudden check and the petitioner was fastened with misconduct mostly in relation to the allegation of supervisory lapses and a charge memo was issued dated
21.02.2024 initiating the disciplinary proceedings against the petitioner. The petitioner has submitted the explanation to the charges. Despite the Government stipulated the framework of time for conclusion of the departmental proceedings and guidelines for consideration of the claims of the employees, the respondents are not adhering to the said guidelines and also the judicial pronouncements and the principles enumerated therein. Hence, the present writ petition.
3. Heard Sri V. Maheswara Reddy, learned Counsel for the Petitioner and learned Assistant Government Pleader for Services-II for the Respondents.
4. During hearing, learned Counsel for the Petitioner has brought to the notice of this Court that though the petitioner is eligible for promotion to the post of Social Welfare Instructor pending disciplinary proceedings in terms of G.O.Ms.No.257 dated 10.06.1999 and G.O.Ms.No.91 dated 12.09.2022, the respondents are not considering the case of the petitioner for promotion to the post of Social Welfare Instructor without reference to the charges. Despite long lapse of more than one year, the Respondents have not concluded the disciplinary proceedings. By virtue of pendency of disciplinary proceedings, the Respondents did not consider the case of the petitioner for promotion to the post of Social Welfare Instructor.
5. Considering the submissions made, this Court opined that even after lapse of one year, the Respondents did not conclude the disciplinary proceedings is quite contrary to the instructions in Clause 5(ix) issued vide G.O.Ms.No.91 General Administration (SER.C) Department, dated 12.09.2022, which reads as follows:- “ix. Government direct that in all simple cases the inquiry initiated against Government Servant shall be completed within three months either by Departmental Officers or Commissioner of Inquiries. In complicated cases, it shall be ensured that the inquiry should be completed within five to six months. 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 stipulated time to Chief Secretary to Government and also the Chief Minster.”
6. Whereas in the instant case, it is very clear that even after lapse of one year, the Respondents did not conclude the disciplinary proceedings. In that view this Court without touching the merits of the case, considering the submissions made by counsel on both sides, inclined to dispose of the Writ Petition, while directing the Respondents to conclude the disciplinary proceedings within a period of two (02) months from the date of receipt of a copy of this order. If the respondents failed to conclude the disciplinary proceedings within a period of two months from the date of receipt of copy of this order, the respondents are directed to consider the case of the petitioner for promotion to the post of Social Welfare Instructor without reference to the charge memo.
7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH
Date:30.03.2026 GK
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION NO:8184 of 2026
Dated:30.03.2026
GK