APHC010313932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15987/2025 Between: 1. PEDDINTI VISWANADHAM, S/O APPANNA, AGE 60 YEARS, WORKING AS A.C.T.O, R/O FLAT.NO.201, BLOCK-2, VAISAKHI WEST WINDS APARTMENTS, SAI PRIYA LAYOUT, SAMPATH NAGAR, MADHURAWADA, VISAKHAPATNAM -530 048. ...PETITIONER AND 1. THE STATE OF AP, REP BY IT'S SPECIAL CHIEF SECRETARY TO GOVERNMENT, REVENUE (VIGILANCE II) DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI. 2. THE CHIEF COMMISSIONER ST, 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 declaring the action of the 1st Respondent in not concluding the disciplinary proceedings against the Petitioner vide charge memo G.O.Rt.No.751 dt. 14-09-2020 in respect of surprise check conducted on 25-03-2015 even after lapse of 10 years is illegal, arbitrary. capricious and contrary to G.O.Ms.No.257 GA (Ser.C) Dept., dt. 10-06-1999 and G.O.MS No.679 GA (Ser.C) Dept., dt.01-11-2008 and also violative of Articles 14, 16 and 21 of Constitution of India. Consequently, direct the Respondents to consider the Petitioner promotion to the post of Deputy Assistant 2 Commissioner ST (DCTO) without reference to the charge memo in terms of the G.Os G.O.Ms.No.257 GA (Ser.C) Dept., dt.10-06-1999 and G.O.MS No.679 GA (Ser.C) Dept., dt.01-11-2008 and to pass IA 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 pleased to direct the Resondents consider the petitioner promotion to the post of Deputy Assistant Commissioner ST (DCTO) with out reference to the charge memo vide G.O.Rt.No.751 dt.14-09-2020 in terms of G.O.Ms.No.257 GA (Ser.C) Dept., dt. 10-06- 1999 and G.O.MS No.679 GA (Ser.C) Dept., dt.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 Respondent(S): 1. GP FOR SERVICES I 3 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 a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st Respondent in not concluding the disciplinary proceedings against the Petitioner vide charge memo G.O.Rt.No.751 dt.14.09.2020 in respect of surprise check conducted on 25032015 even after lapse of 10 years is illegal arbitrary capricious and contrary to G.O.Ms.No.257 GA Ser.C Dept dt 10.06.1999 and G.O.MS.No.679 GA Ser.C Dept dt 01.11.2008 and also violative of Articles 14 16 and 21 of Constitution of India Consequently direct the Respondents to consider the Petitioner promotion to the post of Deputy Assistant Commissioner ST DCTO without reference to the charge memo in terms of the G Os, G.O.Ms.No.257 GA Ser.C Dept., dt 10.06.1999 and G.O.MS.No.679 GA Ser.C Dept., dt 01.11.2008 and to pass such other order or orders.…” 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 Assistant Commercial Tax Officer (ACTO) has been issued charge memo vide G.O.Rt.No.751 Revenue (Vigilance-II) Department dated 14.09.2020 alleging that he did not attend to duty while he was posted at integrated check post, Purushottapuram on 24.03.2015. Petitioner submitted statement of defence refuting the aforesaid charge and enquiry is stated to be pending. Petitioner is now due for promotion to the post of Deputy Assistant Commissioner (DCTO), however, on account of pendency of departmental proceedings, his case is not being considered. 4 4. Learned 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, therefore, petitioner cannot be denied his right to be considered for promotion. Even otherwise, 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 enquiry would be concluded within the timelines as provided in the said G.Os and the case of the petitioner will be considered for promotion in terms of G.O.Ms.No.257 dated 10.06.1999. 6. 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 DCTO 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 with 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. 5 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: 01st July, 2025 RKS