IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 9857 OF 2025 Between: C.Narendranath Reddy, S/o. C. Eshwar Reddy, Aged about 57 years Additional Superintendent of Police, O/o. The Director General of Police Andhra Pradesh, Mangalagiri, Guntur District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary Home Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Director General of Police, Andhra Pradesh, 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 may be pleased to issue a Writ of Mandamus or any other appropriate Writ declaring that the G.O.Ms.No. 68, Home(Ser.l) Department, dated 11.4.2025 in rescinding the orders issued in G.O.Ms.No. 32, Home(Ser.l) Department dated 19.3.2021 wherein the petitioner was accorded accelerated promotion as Additional Superintendent of Police and demoting the petitioner from the rank of Additional Superintendent of Police to the rank of Deputy Superintendent of Police as illegal, arbitrary being violative of Article 14 and 16 of the Constitution of India apart from - being violative of the principles of natural justice and consequently direct the Respondents to continue the Petitioner as Addl. Superintendent of Police or in alternative direct the Respondents to continue the petitioner u as r ^ Addl. Superintendent of Police by treating him as regularly promoted for the panel year of 2020-2021 on par with his immediate juniors duly regularising and confirming his services in the rank of Addl. Superintendent of Police. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to continue the petitioner Addl. Superintendent of Police by suspending the G.O.Ms.No. 68 Home(Ser.l) Department dated 11.4.2025 pending disposal of the Writ Petition. as Counsel for the Petitioner; SRI V. MAHESWAR REDDY Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER r 1 CGR, J. W.P.No.9857 of 2025 APHC010195172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m\s\ [3506] ft THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 9857/2025 Between: ...PETITIONER C. Narendranath Reddy AND ...RESPONDENT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner: 1.VMAHESWAR REDDY Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: ORDER: The present writ petition is filed seeking the following relief: “...to issue a Writ of Mandamus or any other appropriate Writ declaring that G. O. Ms. No. 68, Home (Ser.l) Department, dated 11.04.2025, in rescinding the orders issued in G.O. Ms. No.32 Home (Ser.l) Department, dated 19.03.2021, wherein the petitioner was accorded accelerated promotion as Additional Superintendent of Police and demoting the petitioner from the rank of Additional Superintendent of Police to the rank of Deputy Superintendent of Police, as illegal, arbitrary, being violative of Articles 14 and 16 of the Constitution of India, apart from being violative of the principles of natural justice and consequently, direct the Respondents to continue the Petitioner as Addl. Superintendent of Police or in alternative direct the '' Respondents to continue the petitioner as Addl. Superintendent 2 CGR. J. W.P.No.9857 of 2025 of Police by treating him as regularly promoted for the panel year of 2020-2021 on par with his immediate juniors duly regularising and confirming his services in the rank of Addl. Superintendent of Police to pass Heard Sri V.Maheswar Reddy, learned counsel for the petitioner 2. and learned Government Pleader for Services-I appearing for the respondents. Government has come up with Scheme for giving accelerated 3. promotions to police personnel, who have excelled in their duties while handling extremists/terrorists, in pursuance to which, petitioner, who was then as Additional Superintendent of Police (Civil)(non-cadre) being transferred from State of Telangana to Andhra Pradesh, was considered for the aforesaid accelerated promotion and promoted as Additional Superintendent of Police, though he was in the cadre of Deputy Superintendent of Police, by G.O.Ms.No.32 Home (Ser.l) Department, While considering the aforesaid accelerated dated 19.03.2021. promotions, 1®* respondent has taken into consideration the illustrious career of the petitioner, as set out in the said G.O., which reads as follows; “4. Looking at his illustrious career, he has served in various departments such as Intelligence Department (Counter Intelligence), Anti-Extremist Field & Special Branch of Anantapur District, OCTOPUS and CID. outstanding performance and contribution. Government of AP granted accelerated promotion two times - 1) As Inspector of Police in the year 2006 and 2) as Dy. Supdt. Of Police in the year 2012. Having recognized his w 3 CGR, J W.P.No.9857 of 2025 5. He is further informed that, he underwent specialized training in Virginia, USA in “Counter Terrorism Tactics” and “Post Blast Investigation” sponsored by American Govt, in 2014 and 2015 and also served in the United Nations Peace Keeping Force in Cyprus. He was promoted as Addl. Supdt. Of Police in 2019 and worked as In charge SP (GOW & Narcotics), CID, TS, Hyderabad. 6. Keeping his capabilities, experience and commitment to the State in mind and also to keep his morale high, the government have decided to give Accelerated promotion to Sri C. Narendranath Reddy, DSP(Civil) as Additional Superintendent of Police.” Petitioner since then has been discharging duties as Additional 4. However, now, the 1®' respondent vide Superintendent of Police, impugned G.O.Ms.No.68, dated 11.04.2025, has demoted the petitioner to his original cadre of Deputy Superintendent of Police by withdrawing the accelerated promotion earlier granted. Challenging the aforesaid G.O., by which, petitioner came to be demoted, the present writ petition is filed. This Court on 17.04.2025 has stayed the operation of the 5. aforesaid impugned G.O. till today. 6. Learned counsel for the petitioner submits that petitioner initially was working as Additional Superintendent of Police in the State of Telangana before he got allocated to the State of Andhra Pradesh and having regard to his illustrious career, he was granted accelerated promotion. In fact, he had been granted accelerated promotion on earlier occasion also in the year 2006 as Inspector of Police and in the CGR, J. W.P.No.9857of 2025 year 2012 as Deputy Superintendent of Police. However, now, the respondent has withdrawn the same and demoted him to the category of Deputy Superintendent of Police by impugned G.O. by withdrawing the benefit granted to him without prior show-cause notice and affording petitioner opportunity, which is in violation of principles of natural justice. He also contended that he was in the cadre of Additional Superintendent of Police before being allocated to the State of Andhra Pradesh. So, he cannot be now placed in the cadre of Deputy Superintendent of Police, which is below the rank of Additional Superintendent of Police. He also further contended that petitioner even otherwise also in normal course is entitled to be promoted as Additional Superintendent of Police and that even his juniors have already been effected promotions, therefore withdrawing accelerated promotion at this stage and demoting him to the cadre of Deputy Superintendent of Police is completely arbitrary. Learned Government Pleader for Services-I has placed on record 7. the written instructions, dated 21.04.2025, and submitted that the impugned G.O. has been issued after considering totality of circumstances and considering the petitioner’s entitlement and in as much as the accelerated promotion granted to the petitioner by G.O.Ms.No.32, dated 19.03.2021, was found to be not in true spirit of the Scheme, conscious decision was taken by setting out reasons for ; CGR, J W.P.No.9857 of 2025 arriving such conclusion and therefore, there is no infirmity in issuing the said impugned G.O. He also further tried to justify the impugned order by addressing on merits of the matter. Perused the record and considered the rival contentions of either 8. side. This Court having gone through the record is proposing not to go 9. into the merits of the matter and decide as to whether the decision taken earlier by the 1®' respondent while granting accelerated promotion to the petitioner was on insufficient and irrelevant considerations and that the present course of correction sought to be done under the impugned G.O. is justified, however, this Court finds that the procedure adopted in issuing the impugned G.O. is clearly in violation of principles of natural justice, when benefit has been granted to the petitioner by applying the Scheme for the purpose of accelerated promotion, after nearly four years, the same could not have been rescinded without putting the petitioner on notice and seeking explanation. When benefit is extended and petitioner has been availing the same, abruptly the same cannot be withdrawn, unless he is issued prior notice, this Court is also oblivious of the fact that the petitioner earlier also granted accelerated promotion, which was one of the considerations for grant of accelerated promotion on earlier occasions, therefore, when the same is sought to be o. W.PNo.9857of 2025 withdrawn, the least expected was to follow the principles of natural justice. On this sole ground, the writ petition has to - \ succeed. 10. In view of the above, without expressing any opinion on merits of the matter, the writ petition is allowed by setting aside the impugned G.O.Ms.No.68, Home (Ser.l) Department, dated 11.04.2025, issued by the 1^' respondent, however, it is open to the respondents to initiate fresh proceedings in case they so prefer by following due process of law and after providing due opportunity of hearing to the petitioner. No order as to costs. 11. Dehors the aforesaid exercise, as learned counsel for the petitioner submits that petitioner is even otherwise entitled for promotion to the post of Additional Superintendent of Police and that his juniors were already considered for such promotion, the ongoing exercise would not come in his way for considering promotion in normal course along with other candidates, if he is otherwise eligible and falling within the zone of consideration. As a sequel, miscellaneous petitions pending consideration any, in this case shall stand closed. , if Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER SecretarPa?RMMHpnf^?( Department, State of Andhra becretariat Buildings, Velagapudi, Guntur District. DiSr!2r^*°'^ General of Police, Andhra Pradesh, Mangalagiri Guntur 3. One CC to Sri V. Maheswar Reddy, Advocate [OPUC] 4. Two CCs to GP for Services I, High Court of Andhra 5. Three C.D. Copies. Pradesh, Pradesh. [OUT] HIGH COURT DATED:24/04/2025 ORDER WP.No.9857 of 2025 ALLOWING THE W.P. WITHOUT COSTS