APHC010284172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14357/2025 Between: K. Murali ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MANOJ KUMAR BETHAPUDI 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 an appropriate writ, order or direction, more particularly, one in the nature of writ of Mandamus declaring the action of the 3rd respondent in not considering the case of the petitioner for promotion to the post of Prohibition and Excise Inspector without reference to the criminal proceedings, as illegal, arbitrary and violative of Articles 14 16 and 21 of the Constitution of India and consequently, direct the 3rd respondent to consider the case of the petitioner for promotion to the post of Prohibition and Excise Inspector without reference to the criminal proceedings and pass…” 2 CGR, J. W.P.No.14357 of 2025 2. Heard Sri Manoj Kumar Bethapudi, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing for the respondents. 3. Petitioner is presently working as Prohibition and Excise Sub- Inspector and he is due for promotion to the post of Prohibition and Excise Inspector. It is stated that he has been implicated in Crime No.5/RCT-SKL/2023, dated 08.06.2023, of ACB, Srikakulam Range, registered for the offence punishable under Section 7(a) of the Prevention of Corruption (Amendment) Act, 2018, and the same is at the stage of investigation and so far no charge-sheet has been filed. In the interregnum, now the respondents are proceeding with the exercise of effecting promotions to the post of Prohibition and Excise Inspector for the panel year 2024-2025. As petitioner is involved in the aforesaid crime, it is his apprehension that his case could not be considered for promotion. 4. Learned counsel for the petitioner while referring to G.O.Ms. No.66, General Administration (Services-C) Department, dated 30.01.1991, would submit that as the criminal proceedings are still at the stage of investigation and no charge-sheet has been filed, there cannot be any impediment for considering his case for promotion which is in terms of aforesaid G.O. He would place reliance on the 3 CGR, J. W.P.No.14357 of 2025 order passed by this Court in W.P.No.8916 of 2025, dated 25.04.2025. 5. On the other hand, learned Assistant Government Pleader for Services-I would submit that the promotions are not being undertaken as of now for the panel year 2024-2025, the vacancies are to be still ascertained, which is likely to take time and he would refer to the proceedings, dated 26.05.2025, issued by the 2nd respondent, and that in case in the interregnum the investigation is proceeds, petitioner may not get the benefit of G.O.Ms.No.66, dated 30.01.1991. 6. Perused the record and considered the rival submissions. 7. As of now petitioner is only made as an accused in the crime and investigation is going on and so far no charge-sheet has been filed. G.O.Ms.No.66, dated 30.01.1991, clearly specifies that only in case where charge-sheet is filed, then only the promotion can be deferred, but not at the stage of registration of crime or pending investigation. This Court already considered the issue in various judgments interpreting the aforesaid G.O. In view of the same, this Court is inclined to dispose of the writ petition. 4 CGR, J. W.P.No.14357 of 2025 8. Accordingly, the writ petition is disposed of directing the respondents to consider the case of petitioner for promotion to the post of Prohibition and Excise Inspector duly considering G.O.Ms.No.66, dated 30.01.1991, as and when the D.P.C. is constituted and promotions are effected. No order as costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date:18.06.2025. cs