k; APHC010307872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jursidiction) 0 WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16188 OF 2025 Between: M Satya Prakash, S/o late Devasahayam, Age 60 years, working as a Deputy Commissioner of State Tax, Kakinada, R/o D.No.3-120/1 Road No.6, Vigneswara Nagar, Vaiasapakala, Kakinada , Gangaraju Nagar, - 533 005 ...Petitioner AND 1. The State of Andhra Pradesh, by it's Special Chief Secretary Government, Revenue (Vigilance-ll) Department Nelapadu, Amaravati. 2. The Chief Commissioner (ST), Andhra Pradesh, District. to the Secretariat Building, Kunchanpalli, Guntur ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a writ order may be or direction more particularly one in the nature of Writ of Mandamus to declare that the amendment to section of the 1st respondent in issuing the Articles of charges vide G.O.Rt. No.857 dated 06- 08-2016 in connection with certain irregularities noticed in issuing irregular refunds granted in the case of M/S A.V.Rambabu. Ongole, has not concluded even after laps of 8 years is illegal, arbitrary, capricious and contrary to the A.P. Civil Services(CCA) Rules-1991 and also voilative of Articles 14 and 16 of Constitution of India. Consequently direct the 2nd Respondent to consider the petitioner promotion to the post of Joint Commissioner(ST) without reference to the charge memo vide G.O.Rt No.857 dated 06-08-2016 interms dtG.O.Ml No.257 dated 10-06-1999 and G.O.MS No.679 dated 01-11-2008 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 second respondent consider the promotion of the petitioner to the post of Joint Commissioner (ST) without reference to the charge memo vide G.O.Rt No.857 dated 06-080-2016 in terms of G.O.MS No.257 dated 10-06- 1999 and G.O.MS No.679 dated 01-11- 2008 pending disposal of the above writ petition Counsel for the Petitioner: SRI N A RAMACHANDRA MURTHY Counsel for the Respondents No.1 and 2: GP FOR SERVICES I The Court made the following: Order APHC010307872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16188/2025 Between: 1.M SATYA PRAKASH, S/0 LATE DEVASAHAYAM, AGE 60 YEARS, WORKING AS A DEPUTY COMMISSIONER OF STATE TAX, KAKINADA, R/0 D.NO.3-120/1, GANGARAJU NAGAR, ROAD N0.6, VIGNESWARA NAGAR, VALASAPAKALA, KAKINADA - 533 005 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY IT'S SPECIAL CHIEF SECRETARY TO THE GOVERNMENT, REVENUE(VIGILANCE-II) DEPARMENT, SECRETARAIT BUILDING, NELAPADU, AMARAVATI. 2.THE CHIEF COMMISSIONERST, ANDHRA PRADESH KUNCHANPALLI, GUNTUR DISTRICT. ...RESPONDENT(S): 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 topleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus to declare that the amendment to section of the 1st respondent in issuing the Articles of charges vide G.O.Rt. No.857 dated 06-08- 2 connection with certain irregularities noticed in issuing 2016 in irregular refunds granted in the case of M/S A.V.Rambabu, Ongole, has not concluded even after laps of 8 years is illegal, arbitrary, capricious and contrary to the A.P. Civil Services(CCA) Rules-1991 and also voilative of Articles 14 and 16 of Constitution of India. Consequently direct the 2nd Respondent to consider the petitioner promotion to the post of Joint Commissioner(ST) without reference to the charge memo vide G.O.Rt No.857 dated 06-08-2016 interms of G.O.MS No.257 dated 10-06-1999 and G.O.MS No.679 dated 01-11-2008 and to pass 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 pleasedto direct the second respondent consider the promotion of the petitioner to the post of Joint Commissioner (ST) without reference to the charge memo vide G.O.Rt No.857 dated 06-080-2016 in terms of G.O.MS No.257 dated 10-06-1999 and G.O.MS No.679 dated 01-11- 2008 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. N A RAMACHANDRA MURTHY Counsel for the RespondentfS): 1.GP FOR SERVICES I 3 The Court made the following order: W" / The present Writ Petition is filed under Article 226 of the Constitution of India seeking following reiief:- . .pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus to declare that the amendment to section of the 1st respondent in issuing the Articles of charges vide G.O.Rt.No.857 dated 06.08.2016 in connection with certain irregularities noticed in issuing irregular refunds granted in the case of M/S A.V.Rambabu, Ongole, has not concluded even after laps of 8 years is illegal, arbitrary, capricious and contrary to the A.P. Civil Services (CCA) Rules-1991 and also vollative of Articles 14 and 16 of Constitution of India Consequently direct the 2nd Respondent to consider thp petitioner promotion to the post of Joint Commissioner (ST) without reference to the charge memo vide G.O. Rt.No.857 dated 06.08.2016 interms of G.O. MS. No. 257 dated 10.06.1999 and G.O.MS.No.679, dated 01.11.2008 and to pass....” 2. Heard Sri N.A. Ramachandra Murthy, learned counsel for petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. Petitioner, while working as Commercial Tax Officer (CTO) has been issued charge memo vide G.O.Rt.No.857 Revenue (Vigilance-ll) Department dated 06.08.2016 alleging that he committed certain irregularities in granting refund of tax causing loss to the exchequer, which necessitated in initiating disciplinary r 4 proceedings. Petitioner submitted statement of defence refuting the aforesaid charge and enquiry is stated to be pending. Petitioner is promotion to the post of Joint Commissioner (ST), account of pendency of departmental proceedings, his case is not being considered. now due for however, on counsel for the petitioner submits that the Government has provided timeline for concluding departmental enquiries specifically three months in case of simple cases and six months in case of complex cases in terms of G.O.Ms.No.679 dated 01.11.2009 read with G.O.Ms.No.91 General Administration (SER.C) Department dated 12.09.2022 rather respondents were not adhering the aforesaid timelines in concluding the enquiry petitioner cannot be denied his right to be considered for promotion. Even otherwise, petitioner is entitled to be considered for promotion G.O.I\/ls.No.257 General Administration (Ser.C) 4. Learned therefore, in terms of Department, dated 10.06.1999. for Learned Assistant Government Pleader appearing the other hand submits that enquiry would be 5. respondents on concluded within the timelines as provided in the said G.Os and the of the petitioner will be considered for promotion in terms of G.O.Ms.No.257 dated 10.06.1999. case 5 In view of 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 Joint Commissioner (ST) in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, if petitioner is otherwise in the zone of consideration requisite qualifications. Further, the respondents are also directed to conclude the disciplinary proceedings within a period of three (03) months from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 6. with 7. As a sequel, miscellaneous applications, pending if any, shall SD/- N NAGAMMA i: ASSISTANT REGISTI^ f stand closed. //TRUE COPY// SECTION OFFICER To 1 The Chief Secretary to the Government, State of Andhra Pradesh, Revenue (Vigilance-ll) Department, Secretariat Buiiding, Nelapadu, Amarava i. 2. The Chief Commissioner (ST). Andhra Pradesh, Kunchanpaiii, Guntur District. 3. One CC to SRI 4, Two CCS to GP FOR SERViCES i. High Court of Andhra Pradesh [OUT] N A RAMACHANDRA MURTHY Advocate [OPUC] 5. Two CD Copies T gsg HIGH COURT DATED:02/07/2025 ORDER ^0 3 JUL 2025 rrentSec WP 16188/2025 m Co c5^ DISPOSING THE WP WITHOUT COSTS