APHC010163652025 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: 8525/2025 Between: Sri Chennakesavula Rambabu, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K B RAMANNA DORA Counsel for the Respondent(S): 1. GP FOR SERVICES I 2 W.P.No.8525 of 2025 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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent authorities in not considering the candidature of the petitioner to his further promotional post as Chief Manager under the guise of pending CC No. 13/2023 on the file of the court of III Addl. District Judge-cum-Special Judge for SPE and ACB Cases, Vijayawada, under misinterpretation Rule 4.12 (iii) of Staff Service Regulations for District Cooperative Central Banks in the State of Andhra Pradesh without considering the fact that the similarly situated persons like the petitioner, are promoted to their respective promotional post, as illegal, arbitrary, intentional, deliberate, against law, colourable exercise of powers and violative of principles of natural justice and consequently, direct the respondent authorities to consider the candidate of the petitioner to the next promotional post as Chief Manager and to pass such other order or orders.…” 2. Heard Sri K.B.Ramanna Dora, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. The petitioner while working as Manager in 2nd respondent- Bank, in pursuance to trap conducted by ACB on 05.07.2017, a criminal case was registered vide FIR.No.09/RCT-ACB-VJA/2017 under Section 7 of the Prevention of Corruption Act, 1988, in which, the petitioner was arrayed as sole accused. Later on filing of charge sheet, the same has been numbered as C.C.No.13 of 2023 on the file of learned III Additional District Judge-cum-Special Judge for 3 W.P.No.8525 of 2025 SPA & ACB Cases, Vijayawada, which is pending trial. The petitioner is stated to be eligible and qualified for promotion as Chief Manager. The 2nd respondent also initiated departmental proceedings against the petitioner with respect to aforesaid trap, which are stated to be pending. The 2nd respondent has prepared seniority list as on 22.12.2023, in which the petitioner has been placed at Serial.No.4. However, in view of pendency of criminal case, besides departmental proceedings, he was denied promotion and rather his juniors came to be promoted. The petitioner has submitted representation dated 13.03.2025 to consider his case for promotion, as the criminal proceedings and departmental proceedings are being delayed. 4. Learned counsel for the petitioner submits that it would suffice to direct the 2nd respondent to consider and pass appropriate orders on the representation dated 13.03.2025 of the petitioner. 5. Sri Rajendra Babu, learned counsel appearing for 2nd respondent submits that there is a remedy of appeal provided under Regulation No.4.15 of the Staff Services Regulations for District Cooperative Central Banks in the State of Andhra Pradesh, the petitioner ought to have approach the appellate authority, rather than filing the present writ petition. 4 W.P.No.8525 of 2025 6. This Court has perused the relevant Staff Services Regulations applicable. Regulation No.4.12 deals with exceptions for considering promotion, Regulation No.4.15 deals with appeal against non-selection. In the present case, case of petitioner has not been considered for promotion in view of pendency of criminal case. However, there is no order as such passed for petitioner to prefer appeal in terms of Regulation No.4.15. 7. Therefore, without expressing any opinion on the merits of the matter, the present Writ Petition is disposed of, directing the 2nd respondent to consider and pass appropriate orders on petitioner’s representation dated 13.03.2025, for the purpose of considering his case for promotion to the post of Chief Manager, in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 02.04.2025 KBN 5 W.P.No.8525 of 2025 59 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8525/2025 Date: 02.04.2025 KBN