APHC010311132023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16034/2023 Between: 1. R V DURGA PRASAD, S/O SRI RAMA MURTHY, HINDU, AGED ABOT 60 YEARS, WORKING AS G.S.T.O, R/O D.NO.9-11-41, SHIVAJIPALEM, VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL SECRETARY REVENUE (VIGILANCE II) DEPT., SECRETARIATE BUILDING, AMARAVATHI. 2. THE CHIEF COMMISSIONER OF STATE TAX, ANDHRA PRADESH, KUNCHANAPALLI, GUNTUR DISTRICT. 3. THE SECRETARY TO VIGILANCE COMMISSIONER, ANDHRA PRADESH VIGILANCE COMMISSION, VELAGAPUDI. 4. THE JOINT COMMISSIONER STATE TAX, VISAKHAPATNAM. ...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 to issue a writ order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in initiating departmental disciplinary proceedings against the petitioner based on the ACB ride vide Cr.No.10/RCT/VSP/2015 dt.21-05-2015 thereby Articles of Charges vide RC.No.250/2015/A7 dt.10-04-2023 has been issued after laps of 7 years is illegal, arbitrary, capricious and violative of Articles 14, 16 and 21 of Constitution of India and contrary to the G.O.Ms.No.679 dt.01-11-2008 and G.O.Ms.No.257 dt.10-06-1999 and to quash the same in respect of the petitioner as delayed one. Consequently direct the Respondents to consider the case of the petitioner for promotion to the post of Deputy Assistant Commissioner without reference to the charge memo vide Rc.No.250/2015/A7 dt.10- 04-2023 and to pass IA NO: 1 OF 2023 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 case of the petitioner for promotion to the post of Deputy Assistant Commissioner without reference to the Charge Memo vide Rc.No.250/2015 dt.10-04-2023 in terms of G.O.Ms. No.679 dt01- 11-2008 and G.O.Ms.No.257 dt.10-06- 1999 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. N A RAMACHANDRA MURTHY Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondent authorities in initiating the departmental disciplinary proceedings against the petitioner based on the ACB ride vide Cr.No.10/RCT/VSP/2015, dated 21.05.2015, as illegal and arbitrary. Today, when the matter is listed, learned counsel for the petitioner would submit that the cause in the writ petition does not survive for adjudication. Recording the submission made by learned counsel for the petitioner, the Writ Petition is closed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 07.01.2025 TVN 239 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.16034 OF 2023 Date : 07.01.2025 TVN