if H v» IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATT (Special Original Jurisdiction) FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13062 OF 2025 Between: B.Nagaraju, S/o Murali Naidu, aged 43 years, Occ- Senior Assistant, O/o Asst. Commissioner (State Tax), Proddatur-ll Circle, Y.S.R.Kadapa District. ...Petitioner- AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue (CT-III) Department, Secretariat, Velagapudi, Guntur District. 2. The Chief Commissioner, State Tax(ST) Department, State of Andhra Pradesh, Kunchanapalli, Guntur District. 3. The Joint Commissioner, State Tax (ST), Chittoor Nodal Division, Chittoor District at Chittoor ...Respondents^ Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents may % herein in not concluding the departmental enquiry following the impugned Charge Memo issued vide G.O.Rt.No.836, Revenue (Vigilance.il) Dept, dated 23-10-2020 issued by the 1®* respondent as illegal arbitrary and in voilation of the guidelines issued vide G.O.Ms.No.91, dated 12-9-2022 and consequentially the Hon’ble Court may be pleased to set aside or quash the impugned Charge Memo dated 23-10-2020 on the ground of delay of latches in concluding the enquiry and also violation of G.O.Ms.no.91, dated 12-9- 2022, with a further direction by declaring that the petitioner is entitle for promotion as Goods and Service Tax Officer (GSTO) in Chittoor Nodal Division , as per seniority and eligibility Ref.No.B2/40/2008, dated 4-4-2025. ^ list prepared vide lA NO: 1 OF 2025 Petition under Section ^5f^CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents herein to consider the petitioner’s case for promotion from the post of Sr. Assistant to the post of Goods and Service Tax Officer (GSTO) in Chittoor Nodal Division, without reference to the impugned Charge Memo vide G.O.Rt.No.836, Revenue (Vigilance.il) Dept, dated 23-10-2020, pending disposal of the writ petition. Counsel for the Petitioner: SRI M R TAGORE^ Counsel for the Respondents: GP FOR SERVICES -1 The Court made the following: % APHC010257872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^0 [3506] Eir FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13062/2025 Between; ...PETITIONER B.Nagaraju, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.M R TAGORE Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 V, HCGR.J W.P. No. 13062 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents herein in not concluding the departmental enquiry following the impugned Charge Memo issued vide G.O.Rt.No.836, Revenue (Vigilance.il) Dept, dated 23-10-2020 issued by the respondent as illegal, arbitrary and in voiiation of the guidelines issued vide G.O.Ms.No.91, dated 12-9-2022 and consequentially the Honble Court may be pleased to set aside or quash the impugned Charge Memo dated 23-10-2020 on the ground of delay of latches in concluding the enquiry and also violation of G.O.Ms.No.91, dated 12-9-2022, with a further direction by declaring that the petitioner is entitle for promotion as Goods and Service Tax Officer (GSTO) in Chittoor Nodal Division, as per seniority and eligibility list prepared vide Ref.No.B2/40/2008, dated 4-4-2025 and may pass such other order or orders....” Heard Sri M.R.Tagore, learned counsel for the petitioner and 2. learned Assistant Government Pleader for Services-I for respondents. Petitioner, who is working as Senior Assistant, has been issued charge memo vide G.O.Rt.836, Revenue (Vigilance-ll) Department, dated 23.10.2020, leveling three charges, based on certain allegations. Petitioner has submitted explanation refuting aforesaid charges. Later, Inquiry Officer has been appointed and he has submitted report on 31.05.2023, which is common inquiry 3. 3 HCGRJ W.P. No. 13062 of2025 f against nine charged officers, holding that charges are proved, respondent has issued Memo No.986402- CCSTOCCTV (ACBC)/14/2019, dated 19.10.2023, communicating the inquiry report and called upon petitioner to submit further explanation. To which, petitioner has submitted explanation 30.03.2024 refuting aforesaid allegations. However, so far, the inquiry has not reached the logical conclusion. Petitioner is stated to be within zone of consideration for promotion to the post of Goods and Service Tax Officer (GSTO) as per seniority and eligibility list prepared on 04.04.2025 and he stood at serial No.1. Thereafter, the 1 on Learned counsel for the petitioner submits that it would suffice to direct the respondents to consider the case of the petitioner for promotion to the post of GSTO, without reference to the Charge Memo dated 23.10.2020, in terms of G.O.Ms.No.257, General Administration (Services-lll) Department, dated 10.6.1999. 4. The learned Assistant Government Pleader did not refute the said submission. 5. 6. Having regard to the facts and circumstances, without going into merits of the matter, with the consent of both the learned counsel, the Writ Petition is disposed of at the stage of admission, directing the respondents to consider the case of the petitioner for 4 HCGR,J W.P.No.l3062of2025 promotion to the post of GSTO, in terms of G.O.Ms.No.257, dated 10.6.1999. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR-^ drfeoFFICER //TRUE COPY// SE To, 1. The Principal Secretary, State of Andhra Pradesh, Revenue (CT-III) Department, Secretariat, Velagapudi, Guntur District., 2. The Chief Commissioner, State Tax(ST) Department, State of Andhra Pradesh, Kunchanapalli, Guntur District. 3. The Joint Commissioner, State Tax (ST), Chittoor Nodal Division Chittoor District at Chittoor 4. One CC to SRI. M R TAGORE, Advocate [OPUC] 5. Two CCs to GP FOR SERVICES - I ,High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies sree HIGH COURT DATED:09/05/2025 ORDER WP.No.13062 of 2025 ^01 JUL 2025 1 rrentSectiopx> o DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS