IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAI'^^^ (Special Original Jurisdiction) // WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7003 OF 2025 ■'y Between: K. Murali Krishna. S/o Manikyam, aged about 50 years, Working as Deputy Asst. Commissioner (ST), R/o Flat No.50, Veeramachineni Ramakrishnarao Street, Srinivasa Nagar, Bank Colony, Bharatinagar, Vijayawada. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary (CT) Department, Secretariat Building, Amaravati. 2. The Chief Commissioner, (ST), A.P. Kunchanpally, Guntur District. 3. The Secretary to Vigilance Commissioner, Andhra Pradesh Vigilance Commission, Velagapudi. 4. The Joint Commissioner (ST), Vijayawada -1 Division, Viajayawada. Revenue ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may a writ order or direction more particularly one in the nature of Writ of Mandamus to declaring the action of the 2 nd Respondent dt;08-10-2024, trap wherein initiated in issuing Charge Memo vide CCSTs Ref.No.V2/238/2016 after laps of 8 years with regard to the alleged departmental disciplinary proceedings proceedings CCSTs Ref. No. V2/238/2016 against the petitioner vide dt;08-06-2016. is illegal. arbitrary capricious and violative Articles 14 India and also contrary to G.O.Ms.No.257 dt 10-06-1999 16 and 21 of Constitution of . Consequently; I direct the respondents to consider the case of the petitioner for promotion to the post of Assistant Commissioner (ST) without reference to the charge memo vide CCSTsRef.No.V2/238/2016. lA NO: 1 OF 2025 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 to direct the respondents to consider the Petitioner promotion to the post of Assistant Commissioner (ST) without reference to the charge memo vide CCST'sRef.No.V2/238/2016 dt.08-10-2024 in terms of G.O.Ms.No.257 dt; 10-06-1999 as and when the DPC is conducted pending disposal of the above writ petition. Counsel for the Petitioner: SRI N. A. RAMACHANDRA MURTHY Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES-I The Court made the following: ORDER APHC010129052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7003/2025 Between; ...PETITIONER K Murali Krishna AND ...RESPONDENT{S) The State Of Ap and Others Counsel for the Petitioner: 1. N A RAMACHANDRA MURTHY Counsel for the Respondent(S); 1.GP FOR SERVICES I 2 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s;- “...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declaring the action of the 2^^ Respondent in issuing Charge Memo vide CCST’s Ref.No.V2/238/2016, dt.08-10-2024, after lapse of 8 years with regard to the alleged trap wherein initiated departmental disciplinary proceedings against the petitioner vide proceedings CCST’s Ref.No.V2/238/2016, dated 08.06.2016, is illegal, arbitrary, capricious and violative Articles 14, 16 and 21 of Constitution of India and also contrary to G.O.Ms.No.257 dt:10-06-1999. Consequently, direct the respondents to consider the case of the petitioner for promotion to the post of Assistant Commissioner (ST) without reference to the charge memo vide CCST’sRef.No.V2/238/2016 and pass such other order or orders....” 2. Heard Sri N.A.Ramachandra Murthy, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. Based on the trap that was held on 04.05.2016, the petitioner has been issued charge memo vide CCST’s Ref.No.V2/238/2016, dt.08.10.2024, framing two Articles of Charges, which reads as under; “...Charge-1: That the Government Servant, Sri Koruprolu Murali Krishna being a public servant had failed to obtain prior permission for purchasing the excess land covered by Doc.No.6285/2016 on 07-10-2016 for Rs.4,54,000-00 and obtained registered sale deed by paying an excess amount 3 of consideration and also failed to obtain permission to attend to the renovation work of the Semi-finished Building worth Rs.5,20,000/- under Doc.No.1876/2012 of SRO, Pedagantyada, Visakhapatnam District and thereby he violated Rule 9(1) and 9(2) of AP Civil Services (Conduct) Rules, 1964. Charge-2: That the Government Servant Sri Koruprolu Murali Krishna being a Public Servant had failed to submit annual property returns to the Competent authority for the period 2006 to 2010 and 2012 and thereby Violated Rule 9(7) of AP Civil Services (Conduct) Rules 1964. Thus the Government Servant Sri Koruprolu Murali Krishna worked at the O/o CTO, Kavali as DCTO by his above- mentioned acts failed to maintain absolute integrity devotion to duty and his conduct unbecoming of a Government Servant and thereby contravened Rule 3(1) & 3(2) of AP Civil Services (Conduct) Rules 1964...” Learned counsel for the petitioner states that charge was issued when the petitioner’s case was under consideration for promotion to the post of Assistant Commissioner (ST) and he would urge that it would suffice, if a direction be given to the respondents to consider his case for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 4. memo 5. Learned Government Pleader for Services-I did not refute the submissions of the learned counsel for the petitioner. 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, with the consent of both the counsel, at the stage of admission, directing the respondents to consider the petitioner’s case for promotion to the post of Assistant Commissioner (ST) in terms of 4 G.O.Ms.No.257, dated 10.06.1999, if the petitioner is in the zone of consideration and fulfills all requisite qualifications. There shall be no order as to costs. As a sequel, miscellaneous petitions stands closed. pending if any, shall SD/- N.NAGAMMA assistant REGISTR AR //TRUE COPY// SEC FFICER To, Principal Secretary, Revenue (CT) Department, State of Andhra 1. The Pradesh, Secretariat Building, Amaravati, Guntur District. Chief Commissioner, (ST), A.P. Kunchanpally, Guntur District. 2. The 3. The Secretary to Vigilance Commissioner, Andhra Pradesh Vigilance Commission, Velagapudi. 4. The Joint Commissioner (ST), Vijayawada -1 Division, Viajayawada. 5. One CC to Sri N.A. Ramachandra Murthy, Advocate [OPUC] GP for Services-I, High Court of Andhra Pradesh. [OUT] 6. Two CCs to 7. Three CD Copies. ssb HIGH COURT DATED;19/03/2025 of ANO^fe ORDER WP.No.7003 of 2025 % O * 0 8 APR 2025 ^ . Current Section . ^ *9 DISPOSING OF THE W.P. WITHOUT COSTS