KAKANI KANTHIMATHI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present Writ Petition is filed to declare the action of the Respondents in initiation and continuation of disciplinary proceedings vide Charge Memo bearing G.O.Rt.No.55, Transport, Roads and Buildings (VIG.) Department, dtd. 3/3/2017 as illegal and arbitrary and consider the case of the Petitioner for promotion to the post of Chief Engineer.

(2.) The Petitioner was initially appointed as Deputy Executive Engineer on 29/9/1993 and subsequently, she was promoted as Deputy Superintending Engineer on 8/8/2003. Further, she was promoted as in-charge Superintending Engineer in (R&B) Administration and Roads, Hyderabad on 13/8/2007. Presently, the Petitioner is working as Superintending Engineer, Kothagraharam, Vizianagaram. It is stated that now she is eligible and qualified for promotion to the post of Chief Engineer. While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No.55, Transport, Roads and Buildings (VIG.) Department, dtd. 3/3/2017 alleging that the Petitioner while working as Superintending Engineer (R&B), Vizianagaram has approved the working estimates thrice without any prior instructions or approvals from the Engineer-in-Chief (R&B) State Roads, A.P. and has incorporated and approved the working estimates for the L.S. Provisions without receiving the requisition from the concerned departments and allowed to make payment for L.S. Provisions excess than the original estimate provisions.

(3.) It is stated that after serving the above charge memo, the Petitioner submitted written statement of defence refuting the aforesaid charge and the enquiry officer has submitted the enquiry report to the Government and final decision is pending before the Government. While so, the promotion for the post of Chief Engineer is being considered and the apprehension of the Petitioner is that her case would not be considered for promotion in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed.