APHC010332512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 4 / n\H >>k\- ■i' :v > * :■ V: 1 WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE '> 5^ PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No: 16976 OF 2025 Between: M. Vijaya Prasada Rao, S/o. M. Santhaiah, Aged about 54 years, Sub- Registrar Grade-I, O/o. S.R.O., Krossuru, Narasaraopet, Palnadu District, R/o. Narasraopet. ...PETITIONER AND 1. State of Andhra Pradesh, Represented by its Principal Secretary to Government Revenue (Regn.l) Department, Secretariat, Velagapudi Amaravathi, Guntur District, A.P. 2. The Commissioner & Inspector General of Registration & Stamps, Government of Andhra Pradesh, Vijayawada, Krishna District, A.P. 3. The Deputy Inspector General of Registration & Stamps, Guntur, Andhra Pradesh. 4. The Deputy Inspector General of Registration & Stamps, Nellore Andhra Pradesh. j j ...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 appropriate Writ, Order or Direction, more particularly one in the nature of a WRIT OF MANDAMUS by the declaring the action of the Respondents in belatedly initiating and continuing disciplinary proceedings in respect of an alleged incident pertaining to the period from 2007-2008 vide dated 19-04-2023 issued by the 4th Charge Memo No.G/980/2023-8, Respondent i.e. after a lapse of more than fourteen (14) years and thereby denying promotion to Petitioner to the post of District Registrar on the ground of pendency of Disciplinary proceedings at the threshold itself, as being arbitrary, illegal, vitiated by inordinate and un-explained delay, contrary to the time limit stipulated in G.O. Ms. No. 679 dated 01-11-2008 and Rule 20 of ARCS (CC & A) Rues, 1991 and in violation of Articles 14 and 16 of Constitution of India and set- aside the same accordingly and consequently be pleased to hold that the Petitioner is entitled to have his case considered promoted as District Registrar with benefits incidental thereto without reference to Charge Memo No G/980/2023-8, dated 19-04- 2023 issued by the 4'*^ Respondent in relation to an alleged incident pertaining to the year 2007-2008 in the interest of justice. and be 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 Respondents to consider the case of the Petitioner for promotion to the post of District Registrar without reference to Charge Memo No. G/980/2023- 8, dated 19-04-2023 issued by the 4*^^ Respondent in respect of an alleged incident pertaining to the year 2007-2008 on the analogy of Orders passed in similar cases. 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 suspend the operation of impugned Charge Memo No. G/980/2023-8, dated 19-04-2023 issued by the 4^'' Respondent. Counsel for the Petitioner: SRI V.RAVICHANDRAN Counsel for the Respondent Nos.1 to 4: ASST.GP FOR SERVICES-I The Court made the following order: *>»> APHC010332512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16976/2025 Between: 1.M VIJAYA PRASADA RAO, S/0. M. SANTHAIAH AGED ABOUT 54YEARS, SUB-REGISTRAR GRADE-I, 0/0 S.R.O., KROSSURU, NARASARAOPET, PALNADU DISTRICT, R/0. NARASRAOPET. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT REVENUE (REGN. I) DEPARTMENT, SECRETARIAT, GUNTUR DISTRICT, A.P. VELAGAPUDI, AMARAVATHI 2.THE COMMISSIONER AND INSPECTOR GENERAL OF REGISTRATION AND STAMPS, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT, A.P. 3.THE DEPUTY INSPECTOR GENERAL OF REGISTRATION AND STAMPS, GUNTUR, ANDHRA PRADESH. 4.THE DEPUTY INSPECTOR GENERAL OF REGISTRATION AND STAMPS, NELLORE, ANDHRA PRADESH. ...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 appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus by the declaring the action of the Respondents in belatedly initiating and continuing disciplinary proceedings in respect of an alleged incident pertaining to the period from 2007-2008 vide Charge Memo No G/980/2023-8, dated 19-04-2023 issued by the 4th Respondent i.e. after a lapse of more than fourteen (14) years and thereby denying promotion to Petitioner to the post of District Registrar on the ground of pendency of Disciplinary proceedings at the threshold itself being arbitrary, illegal, vitiated by inordinate and un-explained delay, contrary to the time limit stipulated in G.O. Ms. No. 679 dated 01-11-2008 and Rule 20 of ARCS (CC and A) Rues, 1991 and in violation of Articles 14 and 16 of as Constitution of India and set- aside the same accordingly and consequently be pleased to hold that the Petitioner is entitled to have his case considered and be promoted as District Registrar \A/ith benefits incidental thereto without reference to Charge Memo No G/980/2023-8, dated 19-04- 2023 issued by the 4th Respondent in relation to an alleged incident pertaining to the year 2007-2008in the interest of justice 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 pleased to direct Respondents to consider the case of the Petitioner for promotion to the post of District Registrar without reference to Charge Memo No G/980/2023-8, dated 19-04-2023 issued by the 4th Respondent in respect of an alleged incident pertaining to the year 2007-2008 on the analogy of Orders passed in similar cases and to pass 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 pleased to suspend the operation of impugned Charge G/980/2023-8, dated 19-04-2023 issued by the 4 4th Respondent and to pass Counsel for the Petitioner: Memo No 1.V RAVI C HAND RAN Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: ORDER: Petitioner is working as Sub-Registrar Grade I and is now due for promotion to the post of District Registrar. He has been issued a charge No.G/980/2023-8 dated 19.04.2023 alleging certain misconduct and memo irregularities while he was discharging duties as Joint Sub-Registrar at Nellore. Petitioner stated to have submitted statement of defence refuting the allegations made therein on 14.08.2023 and the enquiry is stated to be On account of pendency of the disciplinary proceedings, he pending, apprehends that his case could not be considered for promotion. As this case is relating to the year 2007-2008 and charge memo has been issued in the year 2023 which is after lapse of more than 14 years, petitioner cannot be denied the right to be considered for promotion. Heard Sri V.Ravi Chandran, learned counsel for the petitioner and 2. learned Assistant Government Pleader for Services I for the respondents. Learned counsel for the petitioner submits that in view of pendency of ongoing departmental proceedings, which otherwise ought to have been completed in three months in simple cases and in complicated cases within six months, as per the timeframe fixed in G.O.Ms.No.679, General Administration (Services-C) Department dated G.O.Ms.No.91 General Administration (Service.C) Department, dated .12.09.2022, and in view of inordinate delay, petitioner is deprived for 3. 01.11.2008, and in promotion. Learned Assistant Government Pleader appearing for respondents contends that the ongoing inquiry will be completed within reasonable time, in terms of timelines prescribed by the Government in G.O.Ms.No.679.General Administration (Services-C) Department dated 01.11.2008, and in 4. G.O.Ms.No.91 General Administration (Service.C) Department, dated 12.09.2022. Having considered the fact that, in the present case, though the charge memo was issued way back on 19.04.2023, timelines have not been adhered to. For no fault of the petitioner, he cannot be deprived of consideration for promotion, if he is otherwise eligible. That apart when co-charged officers were granted ad-hoc promotions, petitioner also would be entitled to be considered same benefit. 5. 6. In view of the above observations, the respondents are directed to consider the case of the petitioner for promotion to the post of District Registrar, without reference to disciplinary proceedings in pursuance of charge memo vide Memo No.G/980/2023-8 dated 19.04.2023. It is further directed that the respondents shall complete the pending inquiry within a period of three (03) months from the date of receipt of a copy of this order. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. C' As a sequel, miscellaneous applications, pending if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// OFFICER SEC To Principal Secretary to Government Revenue (Regn. I) Department, of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur 1. The State District. 2. The Commissioner & Inspector General of Registration & Stamps, of Andhra Pradesh, Vijayawada, Krishna District, Andhra Government Pradesh. Deputy Inspector General of Registration & Stamps, Guntur, Andhra Pradesh. Deputy Inspector General of Registration & Stamps, Neiiore, Andhra Pradesh. 3. The 4. The 5. One CC to Sri V.Ravichandran, Advocate [OPUC] GP for Services-I, High Court of Andhra Pradesh [OUT] 6. TwoCCsto 7. Two CD Copies. gi HIGH COURT DATED:09/07/2025 ORDER WP No.16976 OF 2025 of andh^ X 21 JUL 2S25 »lll| $)) •a^ Current Secnon ^ DISPOSING OF THE WRIT PETITION WITHOUT COSTS