c<^ APHC010320302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI OF /l m o TUESDAY, THE NINTH DAY OF SEPTEMBER m TWO THOUSAND AND TWENTY FIVE HS^ PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 751 OF 2025 Writ Appeal under clause 15 of the Letters Patent to set-aside the Order dt.09.05.2025 passed in W.P. No. 13059 of 2025 passed by the Hon'ble Single Judge and consequently allow the Writ Petition Between: Kommanaboyina Nageswara Rao, S/o K. Chenchu Ramaiah, Aged about 61 years, Occ Presently Working as Deputy Superintendent of Police R/o Narasaraopet City Palnadu District A P, ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Velagapudi, Amaravati, Guntur District, A.P. 2. The Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District, A.P. 3. The Tribunal for Disciplinary Proceedings TDP, For the state of Andhra Pradesh, Rep. by Its Secretary, Hyderabad. 4. The Chairman, Departmental Promotion Committee Andhra Pradesh Police Department, O/o the Director General of Police, Mangalagiri, Guntur District, A.P. ...Respondents lA NO: 1 OF 2025 ' Petitic^ 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 dispense from filling certified original order copy Dt. 09.05.2025 passed in WP No. 13059 of 2025 for present lA NO: 2 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 3'”'^ respondent to consider the case of the petitioner for promotion to the post of Additional Superintendant of police without reference to the Tribunal enquiry Case No. 105 of 2013 issued by 3'"^ respondent Pending disposal of writ appeal Counsel for the Petitioner; SRI PONNEKANTI MALLIKARJUNA RAO Counsel for the Respondents No.1 to 4; GP FOR SERVICES I The Court made the following order: APHC010320302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 751/2025 Between: 1.KOMMANABOYINA NAGESWARA RAO, AGED ABOUT 61 YEARS, OCC PRESENTLY WORKING DEPUTY SUPERINTENDENT OF NARASARAOPET CITY PALNADU DISTRICT A P, S/0 K. CHENCHU RAMAIAH R/0 POLICE AS ...APPELLANT AND STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT 1.THE SECRETARY, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, A.P. HOME DEPARTMENT, DIRECTOR GENERAL OF POLICE, GOVERNMENT OF 2THE ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT, A.P. 3.THE TRIBUNAL FOR DISCIPLINARY PROCEEDINGS TDP, FOR THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, HYDERABAD. 4 THE CHAIRMAN , DEPARTMENTAL PROMOTION COMMITTEE ANDHRA PRADESH POLICE DEPARTMENT, 0/0 THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR DISTRICT, A.P. ...RESPONDENT(S): 2 Counsel for the Appellant; 1.PONNEKANTI MALLIKARJUNA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES I ^4 The Court made the following: THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL No.751 of 2025 JUDGMENT: (Per Hon’ble Sri Justice Battu Devanand) This Writ Appeal is preferred against the order dated 09.05.2025 passed by the learned Single Judge in W.P.No.13059 of 2025. 1. 2. The facts leading to the filing of the present Writ Appeal are as under: 3. On 13.12.2011, while the petitioner was working as Inspector of Police, in pursuance of a surprise check conducted at Karimnagar Town, a certain amount was seized as bribe amount for having favoured some of the owners of wine shops. A case in Crime No.15/RCO-ACB-KNR/2011 was registered for the offences punishable under Sections 13(1)(a)&(b) of the Prevention of Corruption Act, 1988, Sections 34 and 120-B of Indian Penal and Sections 41(1)(a) and 102 of the Criminal Procedure Code. Basing on the same, the petitioner was proceeded with departmental proceedings by initiating Tribunal Enquiry Case No.105 of 2013 and a charge memo was issued on 21.06.2017. The petitioner also submitted an Code explanation to the same and the said enquiry is pending. After conclusion of investigation in criminal case, a charge sheet came to be filed, which was numbered as C.C.No.18 of 2013 on the file of the learned Special Judge for SPE & ACB Cases, Vijayawada. The same is pending for trial. Insofar as the disciplinary proceedings are concerned, except for issuance of the 4 sheet, nothing has moved forward. Meanwhile, the Tribunal was been transferred to the charge abolished, and all the pending matters have Commissionerate of Inquiries (COl). of the’Writ Petition, the petitioner was working as the date, he was retired from the of disciplinary proceedings, he was not At the time of filing 4. Deputy Superintendent of Police and as on service. In view of the pendency considered for regular promotion to the post of Additional Superintendent of retirement. Aggrieved by the inaction of the respondents in Police before his concluding the disciplinary proceedings, the petitioner was constrained to file the Writ Petition. the Government issued of the petitioner that It is the case 5. Department (Services-C) and framing timelines for early completion of issued for Adrninistration General G.O.Ms.No.679, Department, dated 01.11.2008 departmental Inquiries. Though specific instructions were expeditious completion of inquiries, the inquiries pending against the petitioner were not completed. that the Tribunal for Disciplinary constituted under Section 3 of the Andhra Pradesh Tribunal) Act, 1960 was abolished It is the case of the respondents 6. Proceedings, which was Civil Services (Disciplinary Proceedings of 2022, dated 16.08.2022. Thereafter, all pending cases by Ordinance No.6 transferred to the The Commissionerate of Inquiries (COl) issued against the petitioner are pending with COl. were disciplinary proceedings 5 » 7 Considering the submissions of the respective counsels and taking into consideration the time frame fixed in G.O.Ms.No.679, General Administration (Services-C) Department, dated 01.11.2008 and the judgments of the Hon’ble Apex Court in the State of A.P. vs. N. Radhakishan\ P..V Mahadevan vs. MD, T.N. Housing Board^ and Secretary, Ministry of Defence vs. Prabhash Chandra Mirdha^, the learned Single Judge of this Court opined that employees cannot work under constant and imminent threat of disciplinary proceedings. If no time schedules are fixed for completion of the disciplinary proceedings, the very purpose of G.O.Ms.No.679 will be frustrated. 8. Considering the facts and circumstances of the case, the Writ Petition is disposed of, with a direction to Commissionerate of Inquiries to conclude the inquiries pending against the petitioner, within a period of six months. from the date of the order. It is made it clear that failing which, the charge memo issued to the petitioner shall stands quashed, if no other inquiry is pending. 9. Aggrieved by the said order wherein the request of the petitioner to consider him for regular promotion to the post of Additional Superintendent of Police, he filed the present appeal. Mi998)4SCC 154 ^ (2005) 6 see 636 ^(2012) 11 see 565 6 10. This appeal is filed on 26.06.2025. On 04.07.2025, the Co-ordinate Division Bench of this Court expressing its prima facie satisfaction towards the submissions of the learned counsel for the appellant passed an interim order, directing respondent No.3 to consider the case of the petitioner for promotion to the post of Additional Superintendent of Police without reference to Tribunal Enquiry Case No.1-5 of 2014. Pending further the order of the learned Single Judge passed in W.P.No.13059 of 2025 shall remain suspended. consideration 11. During the course of hearing today, the learned counsel for the appellant would submit that the interim order passed by this Court 04.07.2025 has not been complied with by the respondents and meanwhile the appellant retired from service on attaining the age of superannuation 31.07.2025. As the appellant retired from service, directing the respondents to promote the appellant to the post of Additional Superintendent of Police, does not arise. It is for respondent Nos.1 and 2, if the appellant succeeded in the departmental enquiry or if the charge memo is quashed in terms of the order of the learned Single Judge, then the petitioner’s case for paper promotion should be considered. As already four months time is lapsed from the six months’ time fixed by the learned Single Judge to complete the enquiry and as contended by learned Government Pleader for Services-I appearing for the official respondents, they are taking steps to conclude the enquiry within the time stipulated by the learned Single Judge considering all the facts narrated above. on on 7 12. In our view, no valid reasons are available to interfere with the order passed by the learned Single Judge at present. 13. For the aforesaid reasons, the Writ Appeal is dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if Sd/- K TATA RAO deputy registrar SECTION OFFICER any, shall stand closed. //TRUE COPY// To, Principal Secretary, State of Andhra Pradesh, Home Department Velagapudi, Amaravati, Guntur District, A, ^ Police,Government of 1. The Secretariat Andhra Pradesh, General of 2. The Director Mangalagiri, Guntur District, A.P. Tribunal for Disciplinary Pradesh, Hyderabad. Proceedings TDP, For the state 3. The Secretary of Andhra 4. The Chairman, Departmental Police Department, O/o the Director Promotion Committee Andhra Pradesh General of Police, Mangalagiri, Guntur District, A.P- CC to SRI PONNEKANTl for services 1 High Court MAULIKARJUNA RAO Advocate [OPUCl of Andhra Pradesh [OUT] 5. One 6. Two CCS to P 7. Two CD Copies gsg HIGH COURT DATED: 09/09/2025 I 2 3 SEP 2025 % ^ . Current SectHin . ^^££spatc«^^' ORDER WA NO. 751 OF 2025 DISMISSING THE WA WITHOUT COSTS