IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY WRIT PETITION NO: 14685 OF 9n9A :: AMARAVATI SATTI Between: Kallepalli Rama Rao. S/o Late Neelayya Assistant, Sub-Registrar Office Village, Ponduru Mandal, Srikakulam District. , aged 49 years, Occ; Junior Tholapi Ichapuram, R/o Pedda Veedhi ...PETITIONER AND 1. The State of Andhra Pradesh rep by its Principal Secretary Registration and Stamps Department, Secretariat Amaravathi, Guntur District. Velagapudi 2. The Commissioner and Inspector General, Department, Idupugallu, Vijayawada Stamps and Registration NTR Krishna District. 3. The Deputy Inspector General, Stamps and Registration, Visakhapatnam, Visakhapatnam District. 4. The District Registrar, Srikakulam, Srikakulam District. ...RESPONDENTS Petition under Article 226 of the Constitution the circumstances stated i be pleased to issue of India praying that in in the affidavit filed therewith, the High Court a writ, order or direction may more particularly one in the action of the Respondents in for promotion to the post of Senior nature of the writ of mandamus declaring the not considering the Petitioners claim Assistant with all consequential benefits in terms of G.O. Ms. No 257 gad, dated 10.06.1999 despite 01.07.2024 submitted the Representation dated as Illegal, arbitrary, discriminatory and violation of Article 14, 16 and 21 of Constitution of India and consequently direct the Respondents to promote the Petitioner as Senior Assistant with all consequential benefits. lA NO: 1 OF 2024 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 Respondents to consider the Petitioner’s claim for promotion to the post of Senior Assistant with all terms of G.O. Ms. No. 257, GAD, dated 10.06.1999 Representation dated 01.07.2024, pending disposal of the consequential benefits in by considering the writ petition. Counsel for the Petitioner: SRI PENUMAKA VENKATA RAO Counsel for the Respondent Nos.1 to 4: SRI S. RAJU, AGP SERVICES I FOR The Court made the following: ORDER IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14685/2024 APHC010292162024 SMS m .7- [3331] H'' Between; 1 KALLEPALLI RAMA RAO. S/0 LATE NEELAYYA, AGED 49 YEARS, ASSISTANT, SUB-REGISTRAR OFFICE, ICHAPURAM, PONDURU MANDAL, OCC JUNIOR PEDDA VEEDHI, THOLAPl VILLAGE SRIKAKULAM DISTRICT. R/0 ...PETITIONER AND ANDHRA PRADESH, REP BY ITS PRINCIPAL STAMPS DEPARTMENT, 1.THE STATE OF SECRETARY, REGISTRATION AND SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. COMMISSIONER AND INSPECTOR GENERAL, STAMPS AND DEPARTMENT, IDUPUGALLU, VIJAYAWADA, NTR 2.THE REGISTRATION KRISHNA DISTRICT. 3.THE DEPUTY REGISTRATION, STAMPS AND GENERAL, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. SRIKAKULAM INSPECTOR SRIKAKULAM, REGISTRAR, 4.THE DISTRICT DISTRICT. ...RESPONDENT{S); : of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue a writ, order or direction more particularly one n L nature of the writ of mandamus declaring the action of the Respondents in claim for promotion to the post of Senior Petition under Article 226 not considering the Petitioners 2 Assistant with all consequential benefits in terms of G.O. Ms. No. 257, GAD, dated 10.06.1999 despite submitted the Representation dated 01.07.2024 as illegal, arbitrary, discriminatory and violation of Article 14, 16 and 21 of Constitution of India and consequently direct the Respondents to promote the Petitioner as Senior Assistant with all consequential benefits and pass lA NO: 1 OF 2024 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 Respondents to consider the Petitioner’s claim for promotion to the post of Senior Assistant with all consequential benefits in terms of G.O. Ms. No. 257, GAD, dated 10.06.1999 by considering the Representation dated 01.07.2024, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. PENUMAKA VENKATA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES The Court made the following: :: ORDER:: Heard Sri Penumaka Venkata Rao, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services-I appearing for respondents. Petitioner, Junior Assistant, Office of Sub-Registrar, filed the above writ petition to declare the action of 2'^^ respondent in not considering his case for promotion to the post of Senior Assistant, due to the pendency of the charge memo vide Proceedings No.El/122/2016-3, dated 01.06.2020 (Ex.P3), as illegal and arbitrary. 2. Petitioner was appointed as Junior Assistant on 30.04.2008 and probation was declared on 30.04.2010. ACB ride was conducted on 18.02.2016 and a charge memo vide proceedings No.EI/122/2016-3, dated 01.06.2020 (Ex.P3) was issued to the petitioner. The petitioner submitted a 3. 3 written defence/explanation dated 26.06.2020 (Ex.P4). An inquiry officer was appointed on 03.11.2020. Though petitioner is eligible for promotion to the post of Senior Assistant his case was not considered due to the pendency of the aforementioned charge memo. A counter-affidavit was filed on behalf of 3'"^ respondent. It is contended, inter-alia, that a surprise check was conducted by ACB authorities on 18.02.2016. An amount of Rs.3000/- was seized from the record room of Joint 4. Sub-Registrar Office, Srikakulam. The name of the petitioner was also mentioned by ACB authorities. The petitioner passed requisite test prescribed for getting promotion to the post of Senior Assistant. The list of Junior Assistants in Srikakulam District eligible for promotion to the Senior Assistant respondent to the 3"'^ respondent vide has been submitted by 4 Lr.No.E1/427/2021, dated 23.07.2021 (Ex.P7). The name of the petitioner was SI.No.8. Charges framed against the petitioner vide No.El/122/2016-3, dated 01.06.2020 (Ex.P3) are pending. Petitioner was also involved in another ACB surprise check at RO(OB), Srikakulam on 28.03.2018. Juniors to the petitioner’s were considered for promotion and the of the petitioner was not considered due to the pendency of the inquiry. The District Registrar, Vizianagaram & R.E.O has submitted the findings of the Regular Inquiry vide Lr.No.E1/1021/2020, dated 16.03.2022 to the Deputy Inspector General of Registration and Stamps, Vizianagaram and the same submitted to the Government by the Deputy Inspector General of shown at case was Registration and Stamps, Vizianagaram through Lr.No.E1/122/2016, dated 08.01.2024. If no guilty is found against the petitioner in the inquiry he will be promoted to the post of Senior Assistant with retrospective effect by fixing his seniority notionally over and above with his juniors. Learned counsel for the petitioner and learned Assistant Government Pleader for Services reiterated the contentions as per the averments made in the affidavit and counter-affidavit. 5. 4 ¥ 6. Thus, as seen from the pleadings there is not dispute regarding initiation of disciplinary proceedings against the petitioner wc/e Proceedings N0.EI/I22/2OI6-3, dated 01.06.2020 (Ex.P3). Infact the inquiry officer submitted report to the disciplinary authority on 16.03.2022 and the disciplinary authority forwarded the same to the Government vide Lr.No.El/122/2016, dated 08.01.2024. The Government is yet to take a decision on the inquiry report forwarded by the 3'^^ respondent. 7. Though petitioner sought relief to the G.O.Ms.No.257 General Administration (SER.C) 10.06.1999, since, the petitioner, a Junior Assistant, a Rule 5 (b) (i) of Andhra Pradesh State and Subordinate Service would apply. As per Rule 5 (b) (i) the promotion of a member can be withheld as a penalty. promotion in terms of Department dated non-selection post. Rules, 1986 8. The case at hand, though the disciplinary proceedings has been initiated vide Proceedings No.E1/122/2016-3, dated 01.06.2020 (Ex.P3) inquiry is not completed so far. No penalty was imposed against the petitioner. The lapses of the respondent authority qua the inquiry, the petitioner shall not t^e penalized. the 9. In State of Punjab and Others v. Chaman Lai Goyal', the Hon’ble Apex Court observed as follows: same time, it is directed that the respondent should be considered forthwith for promotion without reference to and without taking into consideration the charges or the pendency of the said enquiry and if he is found fit for promotion, he should be promoted immediately." (1995) 2 Supreme Court Cases 570 5 Government of Andhra Pradesh represented by its Principal Secretary, Revenue Department and another v. A.Rajeswara Reddy. Deputy Collector^ the Division Bench of Composite High Court observed as follows; 10. In The 1^' Since the petitioners did not complete the departmental proceedings against the respondent even after lapse of more than one and half years, the Tribunal has rightly directed consideration of the of the respondent for promotion without reference to the pending interference is called for with the said case disciplinary proceedings, and order. ” no Given the facts and circumstances of the case, the Writ Petition is of admission with the consent of both the learned 11. disposed of, at the stage counsel, directing the respondent to consider the case of the petitioner for of consideration, whenever promotion, if the petitioner’s case is in the zone consideration. Rule 5(b)(i) of Andhra DPC is conducted, duly taking into Subordinate Service Rules, 1986. There shall be no order Pradesh State and as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed ^ 2010 (4) ALT 374 / Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// OFFICER SEQ To, The Principal Secretary, Registration and Stamps Department, Secretariat, State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District. The Commissioner and Inspector General, Stamps and Registration department, Idupugallu, Vijayawada, NTR Krishna District. The Deputy Inspector General, Stamps and Registration, Visakhapatnam, Visakhapatnam District. The District Registrar, Srikakulam, Srikakulam District. One CC to Sri Penumaka Venkata Rao, Advocate [OPUC] Two CCs to GP for Services-I, High Court of Andhra Pradesh. [OUT] Three CD Copies. 1. 2. 3. 4. 5. 6. 7. ssb HIGH COURT DATEb:1()7/01/2025 ORDER WP.No.14685 of 2024 S 2 3 JAN 2::5 s ^ . Current Section . DISPOSING OF THE W.P. AT THE STAGE ADMISSION WITHOUT COSTS OF