APHC010218412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10891/2025 Between: Gadde Srinivas ...PETITIONER AND The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner: 1. SRINIVASA RAO BODDULURI Counsel for the Respondent: 1. GP FOR SERVICES I The Court made the following: ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…to issue an appropriate order or directions more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Deputy Commissioner (ST), on the ground that disciplinary proceedings are pending against the petitioner since 26.04.2015 as illegal, arbitrary, contrary to Government Orders on promotional avenues to employees facing disciplinary proceedings and unconstitutional and consequently direct the respondents to forthwith consider the case of the petitioner for promotion to the post of Deputy Commissioner (ST) and pass such other order or orders.…” 2. Heard Sri Srinivas Rao Bodduluri, learned counsel for petitioner and learned Government Pleader for Services-I for respondents. 3. Petitioner while working as Commercial Tax Officer, for an incident relating to the period 2015-16, has been issued a charge memo vide CCT’s Ref No.V1/80/2022-1 dated 07.06.2022 for sole article of charge alleging that he while holding supervisor post failed to take steps to ensure integrity and devotion of a Government servant while administering employees working under his control and jurisdiction. Petitioner has submitted explanation dated 27.06.2023 refuting aforesaid charges, however, enquiry has not been concluded so far. Petitioner is due and eligible to be promoted to the post of Deputy Commissioner, in view of pendency of aforesaid departmental proceedings, his case is not being considered for promotion though he is falling under the zone of consideration. 4. Learned counsel for the petitioner states that charge memo was issued when the petitioner’s case was under consideration for promotion to the post of Deputy Commissioner and he would urge that it would suffice, if a direction be given to the respondents to consider his case for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 5. Learned Government Pleader for Services-I did 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 Deputy Commissioner 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: 29th April, 2025 RKS