APHC010328172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No: 16553 OF 2025 Between: M.V.Sudharani, W/o. M.Sankara Rao (Late), Aged about 57 years, Occ: Grade-I Sub-Registrar, Working at Undi, Bheemavaram, West Godavari District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Special Chief Secretary, Revenue (Vigilance-ll) Department Secretariat Buildings, Velagapudi, Amaravathi, GunturDistrict. 2. The Deputy Inspector General, Registrations & Stamps, Eluru Range, Eluru, West Godavari 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, order or direction more in the nature of WRIT OF MANDAMUS by declaring the action of the respondent in not considering the claim of the petitioner for promotion to the post of District Registrar of Registration and Stamps from the post of Grade-I Sub-Registrar without reference to the charge Memo No.G 1/108/2020-1 Dated; 27.08.2020 as illegal, arbitrary, delay and latches in concluding the disciplinary terms of GO.Ms.91 Dated 12.09.2022 and in violation of Articles 14,16 & 21 of the Constitution of India and consequently direct the respondents to case in consider the case of the petitioner for promotion to the post of District Registrar of Registration and Stamps from the post of Grade-1 Sub-Registrar. 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 direct the respondent to consider the case of the petitioner for promotion to the post of District Registrar of Registration and Stamps from the post of Grade-I Sub-Registrar without reference to the charge memo issued in Memo No.GI/108 /2020-1 Dated; 27.08.2020 in the ensuing DPC. Counsel for the Petitioner: SRI B.CHANDRA SEKHAR, REPRESENTING SRI HARINATH REDDY SOMAGUTTA Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES-I The Court made the following order: to APHC010328172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16553/2025 Between: 1.M V SUDHARANI, W/0 M.SANKARA RAO (LATE) AGED ABOUT 57 YEARS, OCC.GRADE-I SUB-REGISTRAR, WORKING AT UNDI, BHEEMAVARAM, WEST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF (VIGILANCE-II) SECRETARY, SECRETARIAT REVENUE DEPARTMENT VELAGAPUDI, BUILDINGS AMARAVATHI,GUNTURDISTRICT. 2.THE DEPUTY INSPECTOR GENERAL, REGISTRATIONS AND STAMPS, ELURU RANGE, ELURU, WEST GODAVARI 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 to issue a writ, order or direction more in the nature of Writ of Mandamus by declaring the action of the respondent in not considering the claim of the petitioner for promotion to the post of District Registrar of Registration and Stamps from the post of Grade-I Sub-Registrar without reference to the charge Memo No.GI/108 /2020-1 Dated. 27.08.2020 as illegal, arbitrary, delay and latches in concluding the disciplinarycase in terms of GO.Ms.91 Dated 12.09.2022 and in violation of article 14,16 and 21 of the Constitution of India and consequently direct the respondents to consider the 2 HCGR,j WP.No.16553/2025 case of the petitioner for promotion to the post of District Registrar of Registration and Stamps from the post of Grade-! Sub-Registrar 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 to direct the respondent to consider the case of the petitioner for promotion to the post of District Registrar of Registration and Stamps from the post of Grade-1 Sub-Registrar without reference to the charge memo issued in Memo No.GI/108 /2020-1 Dated; 27.08.2020 in the ensuing DPC and to pass Counsel for the Petitioner: 1.HARINATH REDDY SOMAGUTTA Counsel for the Respondent(S): 1.GP FOR SERVICES I TT 3 % CGR.J WP.No,16553/2025 The Court made the following ORDER: Petitioner is working as Sub Registrar Grade-ll and is due for promotion to the post of District Registrar. He has been issued charge memo dated 27.08.2020 with respect to certain irregularities committed in registration of documents. Petitioner submitted statement of defence refuting the said charges and thereafter Inquiry Officer came to be appointment and petitioner participated in the inquiry held on 29.03.2024. Thereafter, there is no further progress in the inquiry and as of now, the same is not concluded. Petitioner claims to be eligible and falling under the zone of consideration for promotion to the post of District Registrar, in view of the pendency of the present disciplinary proceedings, his case is not considered. It is also stated that the petitioner has on earlier occasion missed the promotion in the year 2019 on account of pendency of yet another disciplinary proceedings resulted in minor penalty. 2. Heard B. Chandra Sekhar, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for the respondents. 3. Learned counsel for the petitioner brought to the notice of this Court the order dated 27.03.2025 passed by this Court in W.P.No.7753 of 2025 and requested similar relief in the present case. Paragraph Nos.5 and 6 of the said order reads as follows: Learned counsel for the petitioner relies on the order of the Division Bench of High Court of Judicature, Andhra Pradesh at Hyderabad, in Government of A.P., represented by its Principal Secretary, Revenue Department, and another Vs. A.Rajeswara ’5. CGR.J W.P.No. 16553/2025 Court dealt with a similar case and held that ccording to G.O.Ms.No.679, dated 01.11.2008 the departmental ZirtnTs'Z/T: ® '-ont.s.cTZZst rlnnJh 7 Promotions of the candidates cannot be deferred on the ground that in cases where departmental proceedings are pending beyond that period. 6. m.nr. Writ Petition is disposed of, directing the respondents to consider the case of the petitioner for promotion without reference to the charge memo P^^^'^9 against her. It is, however, made clear that the promotion would be subject to the result of the inquiry. The respond^ lrefeThf^%m expeditiously as possible P^^ferably within a period of six (06) months from today. There shall be no order as to costs. ” ^ 4. Considering the facts and circumstances of the are case, the Writ Petition is disposed of in terms of the order dated 27.03.2025 W.P.No.7753 of 2025. The passed by this Court in respondents are directed to consider the case of the petitioner for promotion without reference to the charge memo pending promotion would be subject to against him. It is, however, made clear that the the result of the inquiry. The respondents are also directed to complete the inquiry as expeditiously as possible, preferably within a period of six (06) months from today. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. '2010 (4) ALT 374 (D.B) Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Chief Secretary, Revenue (Vigilance-ll) Department State Velagapudi, Amaravathi, of Andhra Pradesh Secretariat Buildings GunturDistrict. \ 2. The Deputy Inspector General, Registrations & Stamps. Eluru Range Eluru, West Godavari District. 3. One CC to Sri Harinath Reddy Somagutta, Advocate [OPUC] 4. Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] 5. Two CD Copies. gi HIGH COURT DATED:04/07/2025 ORDER WP No. 16553 OF 2025 I M Jlt? W5 Current Section . ov m DISPOSING OF THE WRIT PETITION WITHOUT COSTS