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2025 DAILYLAW 23780 (AP)

D VENKATA NARAYANA v. THE STATE OF AP

WP/17060/2025 · 2025-07-09

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I APHC010335152025 ai§ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 17060 OF 2025 Between: D Venkata Narayana, S/o. D. Chinna Venkateswarlu, Aged about 49 years, Sub-Registrar Grade-I, Dwarakanagar, Visakhapatnam, R/o Visakhapatnam. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary to Government, Revenue (Regn. I) Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Commissioner and Inspector General of Registration and Stamps, Government of Andhra Pradesh, Tadepalli, Guntur District, A.P. 3. The Deputy Inspector General of Registration and Stamps, Visakhapatnam, Andhra Pradesh. 4. The Deputy Inspector General of Registration and Stamps, Vizianagaram, Andhra Pradesh ...Respondents Petition under Article 226 of the Constitution of India is filed 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 nature of a Writ of Mandamus by declaring the action of the Respondents in not considering and thereby denying promotion to Petitioner to the post of District % Registrar on the ground of pendency of disciplinary proceedings vide Charge Memo, issued by the 4th Respondent in Procgs.No.E1/364/2015, dated 23- 03-2021 in respect of an alleged incident pertaining to May 2015 arbitrary, illegal, vitiated by delay, contrary to the time limit of three as being and six months stipulated in G.O.Ms.No.679, dated 01-11-2008 and in violation of Articles 14 and 16 of Constitution of India and set-aside the same accordingly and consequently be pleased to declare that the Petitioner is entitled to have his case considered and be promoted as District Registrar with benefits incidental thereto without reference to the Charge Memo, issued by the 4th Respondent vide Procgs.No.El/364/2015, dated 23-03-2021 on the analogy of orders issued in similar cases in the interest of justice. lA NO: 1 OF 2n?fi Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit fiied 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 District Registrar without reference to pendency of Charge Memo, issued by the 4th Respondent vide Procgs.No. El/364/2015, dated 23-03-2021 in respect of an alleged incident pertaining to May 2015 the analogy of orders issued in similar cases. on Counsel for the Petitioner: SRI V RAVICHANDRAN Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: APHC010335152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 17060/2025 Between: 1.D VENKATA NARAYANA, S/0. D. CHINNAVENKATESWARLU, AGED ABOUT 49 YEARS, SUB-REGISTRAR GRADE-I ,DWARAKANAGAR, VISAKHAPATNAM, R/0 VISAKHAPATNAM. ...PETITIONER AND 1.THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT REVENUE (REGN. I) DEPARTMENT, AMARAVATHI, GUNTUR DISTRICT, A.P. VELAGAPUDI SECRETARIAT, 2.THE COMMISSIONER AND INSPECTOR GENERAL OF REGISTRATION AND STAMPS, , GOVERNMENT OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT, A.P. 3.THE DEPUTY INSPECTOR GENERAL OF REGISTRATION AND STAMPS, VISAKHAPATNAM, ANDHRA PRADESH. 4.THE DEPUTY INSPECTOR GENERAL OF REGISTRATION AND STAMPS, VIZIANAGARAM, 0 2 W.P.N0.17060 0F4 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 nature of a Writ of Mandamus by declaring the action of the Respondents in not considering and thereby denying promotion to Petitioner to the post of District Registrar on the ground of pendency of disciplinary proceedings vide Charge Memo, issued by the 4th Respondent Procgs.No.E 1/364/2015, dated 23-03-2021 in respect of an alleged incident pertaining to May 2015, as being arbitrary, illegal, vitiated by delay, contrary to the time limit of three and six months stipulated in G.O.Ms.No.679, dated 01-11-2008 and in violation of Articles 14 and 16 of Constitution of India and set-aside the accordingly and consequently be pleased to declare that the Petitioner is entitled to have his case considered and be promoted as District Registrar with benefits incidental thereto without reference to the Charge Memo, issued by the 4 Respondent vide Procgs.No.El/364/2015, dated 23-03-2021 the analogy of orders issued in similar cases in the interest of justice and pass in same on lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased leased to direct the Respondents to consider the case of the Petitioner for promotion to the post of District Registrar without reference to pendency of Charge Memo, issued by the 4 Respondent vide Procgs.No. El/364/2015, dated 23-03-2021 in respect of an alleged incident pertaining to May 2015 on the analogy of orders issued in similar cases and to pass Counsel for the Petitioner: praying that in the 3 CGR,J W.P.N0.17060 0F 2025 1.VRAVICHANDRAN Counsel for the Respondent(S); 1.GP FOR SERVICES I The Court made the following; % CGR,J W.P.NO.r7060 0F2025 ORDER Petitioner is working as Sub-Registrar Grade-1. While he was working as Sub-Registrar at Dwarakanagar, Visakhapatnam District, during the period 2014-19, on the allegation that he has indulged in accepting illegal gratification through document writers, disciplinary proceedings came to be initiated by issuing charge memo No.E1/364/2015, dated 23.03.2021. Petitioner has submitted statement of defence refuting the said charges. The inquiry is stated to be still going on. The petitioner is now due for promotion to the post of District Registrar. However, of the pendency of the disciplinary proceedings, his being considered for promotion. on account case is not 2. Heard Sri Ravichandran, learned counsel for the petitioner and learned Assistant Government Pleader for ServiceS-l appearing for respondents. 3. Learned counsel for the petitioner 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 General Administration (Services-C) G.O.Ms.No.679, in 5 W.P.NO.17060 OF Department dated 01.11.2008, and in G.O.Ms.No.91. General Administration (Service-C) Department, dated 12.09.2022, view of inordinate delay, petitioner is deprived of promotion. and in 4. Learned Assistant Government Pleader appearing for respondents that the ongoing inquiry will be completed within reasonable time. Government in (Services-C) G.O.Ms.No.91, General Administration (Service-C) Department, dated 12.09.2022. in terms of timelines prescribed by the General Administration Department dated 01.11.2008, G.O.Ms.No.679 and in 5. 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 Charge Memo No.El/364/2015, dated 23.03.2021. 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. 6. With the above directions, the Writ Petition is disposed of There shall be no order as to costs. 6 , CGRJ W.P.NO.17060 OF 2025 As a sequel, miscellaneous applications, pending if any. shall stand closed. Sd/-B.PRASADA RAO assistant REGiS. RAR //TRUE COPY// section officer To, 1. The Principal Secretary to Government, Revenue (Regn. I) Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Commissioner and Inspector General of Registration and Stamps, Government of Andhra Pradesh, Tadepalli, Guntur District, A.P. 3. The Deputy Inspector General of Registration and Stamps, Visakhapatnam, Andhra Pradesh. 4. The Deputy Inspector General of Registration and Stamps, Vizianagaram, Andhra Pradesh 5. One CC to Sri V Ravichandran Advocate [OPUC] 6. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] 7. Two CD Copies TF 4^ HIGH COURT DATED: 10/07/2025 ORDER WP NO. 17060 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS