Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) D 1 \ MONDAY .THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE 9 PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13503 OF 2025 Between: Sadhanala Sekhar Babu, S/o. Esu, Aged 46 years, Joint Sub Registrar Grade II O/o.SRO Kothapeta.Dr BR Ambedkar Konaseema District. ...PETITIONER AND
1. The State of Andhra Pradesh, Represented By Its Special Chief Secretary, Revenue (Regn.l) Department, Secretariat Buildings, Velagapudi ,Amaravathi, Guntur District. The Commissioner and Inspector General Of Registration And Stamps Tadepalli Guntur District ,A.P. The Deputy Inspector General Of Registration And Stamps, Kakinada ,Kakinada District. 2. 3. 4. The Deputy Inspector General Of Registration And Stamps, Eluru ,Eluru 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 or Order more in the nature of Mandamus in ^declaring the action of the respondents in not considering the petitioner prdniotion to the post of Sub Registrar Grade I on account of pendency of departmental enquiry arising out of Charge Memo Procgs.No.E1/771 /2023- 3 dated 22.03.2024 issued by the 3rd respondent, for the incident of 2020, as illegal, arbitrary, unjust, and violative of Articles 14 and 16 of the Constitution of India and consequentially direct the respondents to consider the case of the petitioner for promotion to the post of Sub Registrar Procgs.No.E1/771/2023-3 dated 22.03.2024 issued by the 3rd respondent for the incident of 2020. Grade without reference to Charge Memo lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent to consider the case of the petitioner for promotion the post of Sub Registrar Grade I without reference to Charge Memo Procgs.No.El/771/2023-3 dated:22.03.2024 issued by the 3rd respondent for the incident of 2020. Counsel for the Petitioner: SRI.
K R SRINIVAS Counsel for the Respondents: GP FOR SERVICES I The Court made the following Order:
¥ APHC010258392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.13503 of 2025 Between: Sadhanala Sekhar Babu ...PETITIONER AND The State Of AP and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.K. R. SRINIVAS Counsel for the Respondent(S):
1.GP FOR SERVICES I The Court made the following:
2 CGR,J W.P.No.13503 of2025
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 declaring the action of the respondents in not considering the petitioner promotion to the post of Sub Registrar Grade I on account of pendency of departmental enquiry arising out of Charge Memo Procgs.No.El/771/2023-3 dated; 22.03.2024 issued by the O''* respondent for the incident of 2020, as illegal, arbitrary, unjust and violative of Articles 14 and 16 of the Constitution Cf India and consequentially direct the respondents to consider the case of the petitioner for promotion to the post of Sub Registrar Grade I without reference to Charge Memo Procgs. No.EI/771/2023-3 dated: 22.03.2024 issued by the 3"* respondent for the incident of 2020 and pass such other order or orders.”
2. Heard Sri K.R. Srinivas, learned counsel for petitioner, and learned Government Pleader for Services-I for respondents. Petitioner is working as Joint Sub-Registrar Grade-11. He was
3. issued charge memo vide Proceedings No.E1/771/2023-3 dated 22.03.2024, alleging that he has allowed certain private document writers into the office, who were found to be in possession of unexplained money, which is in violation of relevant rules and circulars. The said incident stated to be of the period 2019-20. Petitioner submitted explanation on 15.04.2024, refuting the said allegations. Thereafter, Inquiry Officer came to be appointed by proceedings dated 26.04.2024 and enquiry is stated to be pending.
3 CGR,J W.P.No.13503 of 2025 Petitioner claims to be eligible and qualified for promotion to the post of Sub-Registrar Grade-1, however, in view of pendency of departmental proceedings, his case is not being considered for promotion. Admittedly, charge memo came to be issued vide proceedings dated 22.03.2024, based on certain allegations which related to the period of 2019-20. The Inquiry Officer, who was appointed to inquire into these allegations, is seized of the matter. Since the proceedings are not concluded so far, and that persons, who are juniors to petitioner are considered for promotion, mere pendency of aforesaid proceedings could not prejudice petitioner prospects for promotion.
4.
Learned counsel for the petitioner relies on the order of the Division Bench of High Court of Judicature, Andhra Pradesh at Hyderabad, in Government of A.P., represented by its Principal Secretary, Revenue Department, and another vs. A. Rajeswara Reddy\ wherein the Court dealt with a similar case and held that according to G.O.Ms.No.679 dated 01.11.2008, the departmental proceedings have to be completed within 6 months in complicated cases and 3 months in simple cases, promotions of the candidates cannot be deferred on the ground that in cases where departmental proceedings are pending beyond that period.
5.
2010(4) ALT 374 (D.B.)
4 CGR,J W.P. No. 13503 of2025 Hence, in view of the above, the present Writ Petition is
disposed of, directing the respondents to consider the case of the petitioner for promotion without reference to the charge pending against him. It is, however, made clear that the promotion would be subject to the result of the inquiry. The respondents also directed to complete the inquiry as expeditiously as possible, preferably within a period of six (06) months from today. There shall be no order as to costs.
6. memo are As a sequel, miscellaneous petitions, pending if any, shall stand closed.
Sd/- K. SRINIVASA RAJU ASSISTANT KEGISJRAR officer //TRUE COPY// To,
1. The Special Chief Secretary, Revenue (Regn.l) Department, Secretariat Buildings, Velagapudi .Amaravathi, Guntur District.
2. The Commissioner and Inspector General Of Registration And Stamps, Tadepalli Guntur District ,A.P.
3. The Deputy Inspector General Of Registration And Stamps, Kakinada, Kakinada District.
4. The Deputy Inspector General Of Registration And Stamps, Eluru, Eluru District.
5. One CC to Sri. K R Srinivas, Advocate [OPUC]
6. Two CCs to GP for Services I ,High Court Of Andhra Pradesh. [OUT]
7. Three CD Copies vna
HIGH COURT DATED:16/06/2025
ORDER WP.No.13503of2025 ^ 2 5 JUN 2025 ir N^Qurront SectigftXw €: «o DISPOSING OF THE WRIT PETITION WITHOUT COSTS