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2025 DAILYLAW 23451 (AP)

T CHAKRAPANI v. THE STATE OF ANDHRA PRADESH

WP/16712/2025 · 2025-07-06

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

.v” APHC010331002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16712 OF 907^ Hjija S Between; T. Chakrapani, S/o late T.Narayanaswamy, Aged Officer, Sri Satya Sai District. Puttaparthi- 515134. Andhra Pradesh 59 years, District Forest ...PETITIONER AND Rep. by its Special Chief Secretary, and Technology Department 1. State of Andhra Pradesh, Environment, Forest, Science Secretariat, Velagapudi, Amaravati. 2. The Principal Chief Conservator of Forests Aranya Bhavan, P.V.S.Land Mark Andhra Pradesh-522503. A.P. and Head of Forest Force, Near APMC Towers, Mangalagiri, ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a writ, order or direction particularly of Mandamus declaring the action may be one in the nature of Writ of the respondent authorities in not considering the case of the petitioner for promotion to the post of Deputy reference to the pending disciplinary memo vide Rc. No. 14250/2020A/ig-1 (ii), dated Conservator of forest without proceedings, initiated through 28.05.2021 issued by the respondent authorities, as highly arbitrary, illegal unjust, against the principles of natural justice, violative of fundamental rights and contrary to G.O.Ms. No.679 General Administration Department, dated 01.11.2008 and G.O.Ms (Services.C) Department, dated (Services.C) ■ No. 91 General Administration 12.09.2022 and consequently to direct the respondent authorities to promote the petitioner to the post of Deputy Conservator of Forest without reference to the above said pending charge memo. lA NO: 1 OF 907^ Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authorities promotion to the post of Deputy Conservator the pending disciplinary proceedings initiated through charge memo vide Rc O. 14250/2020/Vig-l (ii). dated 28,05.2021, pending disposal of the above writ petition. Counsel for the Petitioner: SRI BALAJI Counsel for the Respondent Nos. The Court made the following order: praying that in the circumstances stated to consider the case of the petitioner for of Forest without reference to medamalli 1 & 2: GP FOR SERVICES I APHC010331002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special OriginaUurisdiction) [3506] MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.16712 of 2025 Between: 1.T CHAKRAPANI, S/0 LATE T.NARAYANASWAMY, AGED 59 YEARS, DISTRICT FOREST OFFICER, SRI SATYA SAI DISTRICT, PUTTAPARTHI-515134, ANDHRA PRADESH ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, ENVIRONMENT, FOREST, SCIENCE AND TECHNOLOGY DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS & HEAD OF FOREST FORCE, ARANYA BHAVAN, P.V.S.LAND MARK, NEAR APIIC TOWERS, MANGALAGIRI, ANDHRA PRADESH-522503. ...RESPONDENT{S): Counsel for the Petitioner: 1.BALAJI MEDAMALLI Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: 2 CGR,J W.P.No.l6712of202S ORD E R: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s;- “...to issue a writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not considering the case of the petitioner for promotion to the post of Deputy Conservator of Forest without reference to the pending disciplinary proceedings initiated through memo vide Rc. No.14250/2020/Vig-1 (ii) dated 28.05.2021 issued by the respondent authorities, as highly arbitrary, illegal, unjust, against the principles of natural justice, violative of fundamental rights and contrary to G.O.Ms.No.679 General Administration (Services.C) Department, dated 01.11.2008 and G.O.Ms.No.91 General Administration (Services.C) Department, dated 12.09.2022 and consequently to direct the respondent authorities to promote the petitioner to the post of Deputy Conservator of Forest without reference to the above said pending charge memo and to pass such other order or orders...” 2. Heard Sri Balaji Medamalli, learned counsel for petitioner, and learned Government Pleader for Services-I for respondents. 3. Petitioner is presently working as District Forest Officer and is stated to be due for promotion to the post of Deputy Conservator of Forests. He was issued charge memo vide proceedings bearing Ref.No.14250/2020/Vig-1(ii) dated 28.05.2021, pointing out certain irregularities with reference to the incident that has happened in Petitioner submitted statement of defence refuting the charges levelled. Later, inquiry officer came to be appointed, who. 2018-19. CGRJ W.P.No.16712 of2025 $ after concluding inquiry, submitted inquiry report dated 10.06.2024 holding that charges were not proved. Despite the disciplinary proceedings are not taken to their logical conclusion. Now, petitioner is due for promotion same, the to the post of Deputy Conservator of Forests, but on account of pendency of the present disciplinary proceedings, his case is not being considered for promotion, though he is eligible and falling under the zone of consideration, being placed at SI.No.6 in the final seniority list communicated on 23.04.2025. 4. Learned counsel for petitioner submits that G.O.Ms.No.679, General Administration (Services-C) Department, dated 01.11.2008, and G.O.Ms.No.91 as per General Administration (Service.C) Department, dated 12.09.2022, disciplinary proceedings are supposed to be concluded within a maximum period of six months, even if it is a complex case. In the instant case, though the inquiry officer concluded the inquiry and submitted a report holding the charges to be not proved, the disciplinary proceedings have been taken to their logical conclusion. On the pretext of pendency of aforesaid disciplinary proceedings, petitioner cannot be denied the opportunity of being considered for promotion and in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, his case is required to be considered. Learned counsel not 4 CGR,J W.P.No.16712 of 2025 further places reliance on the order passed by the Coordinate Bench of this Court in W.P.No.27549 of 2023, dated 18.10.2023. Learned Assistant Government Pleader appearing for 5. respondents does not refute the aforesaid submissions. In view of the above submissions, without touching the merits 6. of the matter, the Writ Petition is disposed of at the admission stage. directing respondents to consider the case of the petitioner for promotion to the post of Deputy Conservator of Forests, without reference to the pending disciplinary proceedings initiated in pursuance of charge memo vide Ref.No.14250/2020/Vig-1(ii) dated 28.05.2021, in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, as and when the promotions are effected. Further, respondents are also directed to conclude the disciplinary proceedings initiated against the petitioner within two months from the date of receipt of copy of this order, failing which the aforesaid charge memo shall stand quashed. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR //true copy// SEC N OFFICER To, Environment, Forest, Science and Pradesh, A.P. Secretariat, Special Chief Secretary Technology Department, State of Andhra 1. The Velagapudi, Amaravati. a 2. The Principal Chief Conservator of Forests and Head of Forest Force Aranya Bhavan, P.V.S.Land Mark, Near APIIC Towers, Mangalagiri Andhra Pradesh-522503. 3. One CC to Sri Balaji Medamalli, Advocate [OPUC] 4. Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] 5. Two CD Copies ssb HIGH COURT DATED:07/07/2025 ORDER WP No. 16712 OF 2025 € ^ 1 7 JUL 2025 ^sJiurrent Sectiopx''^ o» disposing of the w admission WITHOUT P. AT THE STAGE OF COSTS