APHC010171202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8855/2025 Between: M Raja Babu ...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 or Order more in the nature of Mandamus in declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of District Registrar, on the ground of imposition of minor punishment of stoppage of 2 annual grade increments without cumulative effect through GO Rt No:1048 dated 15.11.2023 though the currency of the punishment is for one year as per GO Ms.No.342 General Administration (Ser.C) Department dated 04.08.1997, as illegal, arbitrary, against GO Ms.No.342 General Administration (Ser.C) Department dated 04.08.1997, and consequentially direct the respondents to consider the petitioner for promotion to the post of District Registrar as per GO Ms.No.342 General Administration (Ser.C) Department dated 04.08.1997 and without reference to the minor punishment imposed through GO Rt No:1048 dated 15.11.2023 and to pass such other order or orders.…” 2. Heard Sri K.R.Srinivas, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Service-I appearing on behalf of the respondents. 3. Petitioner while working as Sub Registrar, was imposed minor punishment of stoppage of two annual grade increments without cumulative effect, vide G.O.Rt.No.1048 Revenue (Vigilance-II) Department, dated 15.11.2023. Petitioner is stated to be eligible and qualified to the promoted as 3 District Registrar. However, his case has not been considered for promotion on the ground of the aforementioned minor punishment. 4. Learned counsel for the petitioner while drawing attention to G.O.Ms.No.342 General Administration (Ser.C) Department, dated 04.08.1997, in particular caluse-3(iv)(b), contends that when penalty imposed is without cumulative effect, the bar on consideration for promotion during the period of subsistence of penalty which shall be indicated in the order subject to a minimum period of one year. 5. In the order imposing penalty, there is no such period prescribed and even otherwise the punishment period ended by 15.11.2024 in terms of above said clause. Therefore, he is entitled to be considered for promotion. 6. Learned Assistant Government Pleader for Services-I submits that petitioner has straightaway approached this Court without submitting any representation to the respondents for consideration of his case for promotion and in case such representation is made the same will be considered in terms of G.O.Ms.No.342 General Administration (Ser.C) Department, dated 04.08.1997. 7. In view of the above submissions, the Writ Petition is disposed of, permitting the petitioner to submit representation to the 2nd respondent within two (02) weeks. Upon receiving such representation by the 2nd respondent, the same shall be considered within a period of four (04) weeks thereafter by 4 passing an appropriate speaking order strictly in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 04.04.2025 SNI 5 209 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8855/2025 Date: 04.04.2025 SNI