IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI . (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTHDAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16143 OF 2019 Between: V.N. Prabhu Kumar, Forest Beat Officer, S/o. Gnanamani, Age 50 years, R/o. Mallepalle Post, Porumamilla Range, YSR Kadapa District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Forest Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Divisional Forest Officer, Proddatur Division, Proddatur, YSR Kadapa District. ...RESPONDENTS 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 of Habeas Corpus or any other appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not promoting the petitioner as Forest section Officer on account of pendency of disciplinary proceedings arising out of the charge Memo No. Rc.No.02/2019-83 dated 21.05.2019 by the 2nd respondent, as illegal, arbitrary, unjust, violative of G.O.Ms.679 General Administration (SERVICES-C) Department dated 01.11.2008 and the Supreme Court judgment in Civil Appeal No.958 of 2010 dated 16.12.2015 (Prem Nath Bali Vs. Registrar, High Court of Delhi and another) and consequently direct the respondents to consider the petitioner for 4 promotion to the post of Forest Section Officer without reference to the disciplinary proceedings arising out of the charge Memo No. Rc.No.02/2019- 83 dated 21.05.2019 issued by the 2nd respondent duly consideration the judgments of the Honourable AP High Court in W.P.NO 9656 of 2019 dated 23.07.2019, Honourale Hyderabad High Court in 2010 (4) ALT 374(DB), WP.No 30247/2017 dated 07.09.2017. taking into reported (Amendment carried out in the Affidavit 4‘^ para 2"'" line & 6'*’ Line and in the Para 10 of 4'^ & 12‘^ lines and in 3 line of para 11 by substituting “Forest Section Officer” in piece of “Forest Range Officer” per Court Order dt. 08-09-2022 vide iA No. 1/21 in WP 16143/19) as IA NO: 1 OF 2019 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 Forest section Officer without reference to the disciplinary proceedings arising out of the charge Memo. Rc.No.02/2019-83 dated 21.05.2019 issued by the 2nd respondent into consideration the interim orders passed in I.A.No.1 of 2018 in W.P.No.7255 of 2018 dated 06.03.2018 of the Honourable Hyderabad High Court. No. taking Counsel for the Petitioner: SRI D KODANDARAMI REDDY Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER r 4 APHC010329382019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 16143 of 2019 Between: V.N. Prabhu Kumar, ...PETITIONER AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.D KODANDARAMI REDDY Counsel for the Respondent(S): 1. OP FOR FORESTS (AP) 2. OP FOR SERVICES I The Court made the following: 2 % HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 16143 of 2019 ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: "....to issue a Writ of Habeas Corpus or any other appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not promoting the petitioner as Forest section Officer on account of pendency of disciplinary proceedings arising out of the charge Memo No.Rc.No.02/2019-83 dated 21.05.2019 by the 2"^ respondent as illegal, arbitrary, unjust, violative of G.O.Ms.679 General Administration (SERVICES-C) Department dated 1.11.2008 and the Supreme Court judgment in Civil Appeal No.958 of 2010 dated 16.12.2015 (Prem Nath Bali Vs.Registrar High Court of Delhi and another) and consequently, direct the respondents to consider the petitioner for promotion to the post of Forest Section Officer without reference to the disciplinary proceedings arising out of the charge Memo No.Rc.No.02/2019-83 dated 21.05.2019 issued by the 2'^^ respondent duly taking into consideration the judgments of the Honourable AP High Court in WP No.9656 of 2019 dated 23.7.2019 Honourable Hyderabad High Court reported in 2010 (4) ALT 374(DB), WP No.30247/2017 dated 7.9.2017." 2. Fleard S,ri D.Kodanda Rami Reddy, learned counsel for the Petitioner and learned Government Pleader for Services-I appearing for respondents. Perused the material on record. 3. Learned Government Pleader would submit that in the light of the Written Instructions dated 07.03.2023 received from the District Forest Officer, YSR(T) Division, Kadapa, the case of the Petitioner would be considered as and when the vacancy arises. 4. At this juncture, learned counsel for the Petitioner would submit that a direction may be given to the respondent authorities to consider the case of the Petitioner subject to the result of the appeal and also a direction may be given to the appellate authority to dispose of the appeal within a time frame. 3 5. In reply, learned Government Pleader would submit that the Court may pass appropriate orders by fixing time frame to the appellate authority to dispose of the appeal pending with them. 6. For better understanding, now it is necessary to extract the relevant paragraph of the written instructions dated 07.03.2023 and it reads thus: In this connection, it is submitted that at present there is no vacancy of Forest Section Officer under promotion quota in Wild Life Division, Proddatur unit. Hence, his request will be examined and considered in ensuing panels, subject to eligibility, suitability and availability of vacancy under promotion quota. In that view, it is apposite to direct the respondent authorities to consider the case of the Petitioner for promotion according to the governing rules and law. In the meanwhile, the appellate authority shall dispose of the appeal filed by the Petitioner within a period of two months from the date of receipt of a copy of this Order. 7. 8. Accordingly, the Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. Sd/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// N OFFICER S To, 1. The Principal Secretary, Forest Department, Secretariat, Velaqapudi Amaravathi, Guntur District. a - 2. The Divisional Forest Officer, Proddatur Division, Proddatur YSR Kadapa District. 3. One CC to Sri D Kodandarami Reddy, Advocate [OPUC] 4. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] 5. Two CCs to GP for Forests, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies TF HIGH COURT DATED:17/06/2025 ORDER WP.No.16143 of 2019 DISPOSING OF THE W.P., WITHOUT COSTS