Extracted from the PDF above. The PDF is authoritative.
APHC010162442025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8475/2025 Between: Londadi Poornaiah, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. M KESAVA RAO Counsel for the Respondent(S):
1. GP FOR SERVICES I
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 declare the action of the respondents in not considering the case of the petitioner for promotion to the post of MPDO on the pretext of pendency of Charge Memo No.4974/CPR and RD/A1/2015 dt.01.12.2015 as highly arbitrary illegal and contrary to G O Ms No 257 dt.10.06.1999 and consequently direct the respondents to promote the petitioner to the post of MPDO without reference to the Charge Memo 4974/CPR and RD/A1/2015 dt.01.12.2015 with all consequential benefits and pass such other order or orders.…”
2. Heard Sri P.V.Ramana, learned counsel for the petitioners and learned Assistant Government Pleaders for Services-I appearing on behalf of the respondents.
3. The petitioner while working as Superintendent was kept under suspension on 18.06.2015 on allegation of certain major financial irregularities relating to the year 2014-15. Later, he was served charge memo No.4974/CPR&RD/A1/2015 dated 01.12.2015, for which petitioner submitted explanation denying the charges. Later, his suspension was revoked and he came to be reinstated in to service in the month of February, 2019. Further, the Enquiry Officer completed enquiry in the year 2022 and submitted a report to the Commissioner, for which, petitioner was called upon to submit explanation and accordingly petitioner has submitted explanation, thereafter, no orders have been passed. The petitioner submits that DPC was constituted
in the year 2022 for effecting promotions to the post of M.P.D.O., and his case came to be deferred due to pendency of ongoing disciplinary proceedings.
4. Now once again, respondents are in the process of conveying DPC to effect further promotions to the post on M.P.D.O., and as the disciplinary proceedings are not concluded, petitioner apprehends that his case will not be considered. He would urge to direct the respondents to consider his case for promotion in terms of G.O.Ms.No.257 dated 10.06.1999.
5. Learned Assistant Government Pleader for Services-I do 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 M.P.D.O in terms of 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 applications, pending if any, shall stand closed. ______________________________
JUSTICE CHALLA GUNARANJAN
Date: 02nd April, 2025
RKS