IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8254 OF Between: M Venkateswarlu, S/o M. Polaiah, Age. 54 years. Occ Head Constable (1724), Working in A.P.S.P. 6th Batallion, Mangalagiri, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep By Its Principle Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Inspector General of Police, A.P.S.P. Head Office. Mangalagiri, Guntur District. 3. The Deputy Inspector General of Police, A.P.S.P. 6th Battalion, Mangalagiri, Guntur District. 4. The Commandant of 6th Battalion, A.P.S.P. Mangalagiri, Guntur District. ...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 a Writ, order or direction may more particularly one in the respondent in not sending the petitioner for pre-promotion training along with the batch nature of Writ of Mandamus, declaring the action of the 2nd mates in Memo Rc NO.A2/66/2025, on the ground of pendency of CC No. 3160/2023 before the Special Mobile Court Guntur as illegal, arbitrary, consequentially direct unjust, violation of principles of natural justice and , the 2nd respondent to send the petitioner for . Head Constables pre promotion training for as ARSI, without reference to the pendency of CC No .3160/2023 before the Special Mobile Court Guntur along with the batch mates who are sent through Memo Rc No.A2/66/2025. lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct 2nd respondent to send the training for Head Constables may be petitioner for pre promotion as ARSI, without reference to the pendency of CC No ;3160/2023 before the Special Mobile Court Guntur along with the batch mates who are sent through Memo Rc. No. A2/66/2025. Counsel for the Petitioner: SRI. No. A2/66/2025. Counsel for the Petitioner: SRI. K R SRINIVAS Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: APHC010161232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] mi FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8254/2025 Between: M Venkateswarlu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.K R SRINIVAS 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, declaring the action of the 2"'^ respondent in not sending the petitioner for pre promotion training along with the batch mates in Memo Rc.No.A2/66/2025, on the ground of pendency of CC No:3160/2023 before the Special Mobile Court Guntur illegal, arbitrary, unjust, violation of principles of natural justice and consequentially direct the 2’"^ respondent to send the petitioner for pre promotion training for Head Constables ARSI, without reference to the pendency of CC No:3160/2023 before the Special Mobile Court Guntur along with the batch mates who are sent through Memo Rc.No.A2/66/2025 and pass such other order or orders....” as as 2. The petitioner was appointed as Police Constable on 28.10.1992 in A.P.Police Special Police Battalion and was promoted as Head Constable on 11.09.2008 and he was due for promotion to the next post as Armed Reserve Sub-Inspector of Police (ARSI). The petitioner is stated to be fully qualified and eligible for promotion. The petitioner, however, was imposed minor penalty of reduction in time scale of pay by two stages for a period of two years without effect on future increments and pension, vide proceedings DO.No.486/2023 C.No.25/Major PR/2022, dated 07.07.2023 issued by the respondent, against which, he preferred an appeal before respondent and the same has been rejected vide proceedings in Rc.No.51/Appeal/A2/2023 RO.O.No.337/2023, dated 3. rd the 3 3 07.12.2023. Further, a revision was also rejected vide proceedings in Rc.Nc.A3/Rev-09/2024, H.O.O.No.449/2024, dated 01.11.2024 and therefore, the petitioner is undergoing the punishment. Besides the same, the petitioner is also implicated in Crime No.961 of 2021 registered for the offences punishable under Sections 427, 506 and 509 r/w 34 IRC, by the Nallapadu Police, Guntur District, which is now pending as C.C.No.3160 of 2023 before the Special Mobile Court, Guntur, which was the basis for initiating the departmental proceedings. That being so, now, the 2'"’^ respondent has prepared a list of 4. eligible Head Constables fit for promotion as ARSI for the year 2025 as on 01.01.2025, in which the petitioner’s name stands at S.No.4. However, by Memo in Rc.No.A2/66/2025, dated 10.03.2025, a list of eligible Head Constables is prepared for sending them to undergo two weeks pre-promotional training which is scheduled to be held from 23.03.2025, in which the petitioner’s name came to be excluded on account of pendency of the criminal case. Learned counsel for the petitioner submits that the petitioner 5. may not be entitled for promotion at this stage, having regard to the pendency of criminal case. However, he cannot be denied being sent for pre-promotional training along with all his batch-mates in terms of provisional seniority list. In case the criminal proceedings ended in acquittal, the petitioner will be entitled for promotion, and '—s 4 therefore, denying his participation in pre-promotional training would defeat his interest and rights in promotion. 6. Learned Assistant Government Pleader appearing on behalf of the respondents, while placing on record the written instructions dated 28.03.2025, inter alia, stated that in terms of Point No.03 (a) (iii) of G.O.Ms.No.85, Home (Police.D) Department, dated 28.04.1997, the Head Constable, who is facing oral enquiry for any delinquency, or trial or investigation in a criminal case, or a trial before the Tribunal for disciplinary proceedings, is disentitled to be considered for promotion to the post of APkSI. Therefore, in as much as the petitioner is undergoing trial in C.C.No.3160 of 2023, he is not entitled to be sent even for pre-promotional training. Further, it is also stated that the petitioner has already been imposed minor punishment and during the currency of the said punishment, which is to end by 06.07.2025, the petitioner is not entitled for any promotion or even for attending pre-promotional training. Heard Sri K.R. Srinivas, learned counsel appearing for the petitioner and the learned Assistant Government Pleader for Services-I appearing for the respondents. 7. 8. Undisputedly, the petitioner has already been imposed minor punishment in reduction of time scale by two stages for a period of two years without effect on future increments and pension, which is ih~ currency till 06.07.2025 and also that he is facing trial in 5 C.C.No.3160 of 2023 on the file of Special Mobile Court, Guntur. G.O.Ms.No.85, HOME (POLICE.D) Department, dated 28.04.1997 and G.O.Ms.No.342, GAD (Ser.C) Department, dated 04.08.1997, which are relied on by the learned Assistant Government Pleader dealt with disqualification for the purpose of consideration of promotion, but not pre-promotional training. The petitioner would complete the punishment under departmental proceedings by 06.07.2025 and even the trial in C.C.No.3160 of 2023 also will be completed in coming days. In case the petitioner is acquitted from the aforesaid criminal case, he is entitled for consideration for promotion. Since this is only a pre-promotional training and mere participation in such training will not create any right for claiming promotion, this court is inclined to direct the respondents to permit the petitioner to attend pre-promotional training. 9. Accordingly, the writ petition is disposed of directing the respondents to permit the petitioner to attend pre-promotional training, which is scheduled to be commenced from 23.03.2025 in terms of Memo in Rc.No.A2/66/2025, dated 10.03.2025 along with his other batch mates. It is made clear that such participation in pre- promotional training will not confer any right on the petitioner for claiming promotion and his eligibility for promotion shall be considered in accordance with G.O.Ms.No.85, HOME (POLICE.D) 6 Department, dated 28.04.1997 and G.O.Ms.No.342, GAD (Ser.C) Department, dated 04.08.1997. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. SD/- G. HELA NAIDU ASSISTANT REGISTRAR / //TRUE COPY// SE OFFICER To The Principle Secretary, Home Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 1. The Inspector General of Police, A.P.S.P. Head Office, Mangalagiri Guntur District. 2. 3. The Deputy Inspector General of Police, A.P.S.P. 6th Battalion, Mangalagiri, Guntur District. 4. The Commandant of 6th Battalion, A.P.S.P. Mangalagiri, Guntur District. 5. One CC to Sri. K R Srinivas Advocate [OPUC] 6. Two CCs to GP for Services I, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC • ^ HIGH COURT DATED:28/03/2025 ORDER WP.No.8254 of 2025 X 0 3 m ?0?5 I) , Current Section DISPOSING OF THE WP WITHOUT COSTS