Extracted from the PDF above. The PDF is authoritative.
APHC010291352025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14815/2025 Between: M.v. Ratna Kumar, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. V RAVICHANDRAN Counsel for the Respondent(S):
1. GP FOR SERVICES I
2
The Court made the following:
ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief:-
“…to issue an appropriate writ order or Direction more particularly one in the nature of a Writ of Mandamus by declaring the action of the Respondents in not considering and thereby denying promotion to Petitioner to the post of District Registrar on the ground of pendency of disciplinary and criminal proceedings vide Charge Memo issued by the 3rd Respondent in Procgs.No.E/809/2017-1 dated 20.04.2024 and C.C.No.15 of 2024 pending before the Honble Court of III Additional District and Sessions Judge- Cum-Special Judge for ACB cases Visakhapatnam in respect of one and the same alleged incident dated 09.08.2017 as being arbitrary illegal vitiated by delay contrary to the time limit of three and six months stipulated in G.O.Ms.No.679 dated 01.11.2008 and in violation of Articles 14 and 16 of Constitution of India and set aside the same accordingly and consequently declare that the Petitioner is entitled to have his case considered and be promoted as District Registrar with benefits incidental thereto without reference to the Charge Memo issued by the 3rd Respondent vide Procgs.No.E/809/2017-1 dated 20.04.2024 and C.C.No.15 of 2024 pending before the Honble Court of III Additional District and Sessions Judge CumSpecial Judge for ACB cases Visakhapatnam on the analogy of orders issued in similar cases in the interest of justice and to pass such other order or orders.…”
2. Heard Sri V.Ravichandran, learned counsel for petitioner and learned Assistant Government Pleader for Services-II for the respondents. 3. Petitioner while working as Sub Registrar Grade I has been issued charge memo vide Procgs.No.E/809/2017-1 dated 20.04.2024 setting out two articles of charges, alleging that he along with other officers indulged in demanding and accepting bribe from parties approaching for registration of sale deeds, which relates to the period of 08.07.2016 and 09.08.2017. 3
Petitioner submitted statement of defence refuting the aforesaid allegation. Petitioner is also implicated in crime No.01/RCO.ACB.VSP/2018 for offences under Sections 7, 8, 9, 13(1)(D) read with 13(2) of PC Act, 1988 and 120-B IPC. After investigation, charge sheet has been filed and the same is now pending in C.C.No.15 of 2024 on the file of III Additional District and Sessions Judge-cum- Special Judge for ACB cases, Visakhapatnam.
Petitioner is stated to be due for promotion to the post of District Registrar and as per the seniority list prepared, he stands at serial No.3, however, in view of pendency of aforesaid criminal case and as well as departmental proceedings, he is not being considered for promotion. 4.
Learned counsel for the petitioner submits that petitioner is entitled to be considered for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999.
5. Learned Assistant Government Pleader appearing for respondents, on the other hand, submits that as far as petitioner is accused in pending ACB case, his prayer be considered in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999.
6. In view of the aforesaid submissions, with the consent of both the
learned counsel, the writ petition is disposed at admission stage directing the respondents to consider the case of the petitioner for promotion to the post of District Registrar strictly in accordance with number G.O.Ms.No.257 General
4
Administration (Ser.C) Department, dated 10.06.1999 and pass appropriate speaking orders as and when promotions are affected.
7. Accordingly, the Writ Petition stands disposed of. There shall be no
order as to costs.
As a sequel, miscellaneous applications, pending if any, shall stand closed. ______________________________
JUSTICE CHALLA GUNARANJAN
Date: 24th June, 2025
RKS