\ APHC010343102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 17275 OF 2025 Between; ^ V. Prabhakara Rao, S/o V.G.Sastry, Aged 60 years. District Forest Officer, East Godavari District, Rajahmundry. ...PETITIONER AND 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 and Head of Forest Force, Aranya Bhavan, P.V.S.Land Mark. Near APIIC Towers, Mangaiagiri, Andhra Pradesh-522503, 1. ...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 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 G.O.Rt.No.97 Environment, Forests, science and Technology (SEC.IV) Department dated 16.09.2022 issued by the respondent authorities, as highly arbitrary, illegal, unjust, against the principles of natural justice, violative of fundamental rights and contrary G.O.Ms. No.679 General Administration (Services.C) Department, dated 01.11.2008 and G.O.Ms. No.91 dated 12.09.2022 to and General Administration (Services.C) Department, consequently to direct the respondent authorities promote the petitioner to the post of Deputy Conservator of reference to the above said pending charge to Forest without memo. lA NO: 1 OF 209*1 Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court direct the respondent authorities to consider the praying that in the circumstances stated may be pleased to case of the petitioner for promotion to the post of Deputy Conservator of Forest without reference to the pending disciplinary proceedings initiated through charge memo vide G.O.Rt.No.97 Environment Forests, science and Technology (SEC IV) Department dated 16.09.2022 pending disposal of the above writ petition. Counsel for the Petitioner: SRI BALAJI MEDAMALLI Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES I The Court made the following order: APHC010343102025 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.17275 of 2025 Between: 1.V. PRABHAKARA RAO, S/o. V.G.SASTRY, YEARS, DISTRICT FOREST OFFICER, EAST GODAVARI DISTRICT, RAJAHMUNDRY. AGED 60 ...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): 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 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 G.O.Rt.No.97 Environment, Forests, Science and 2 CGRJ W.P.No.l7275of2025 Technology (SEC.IV) Department dated 16.09.2022 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 as this Hon’ble Court deem fit and proper in the interest of justice. Counsel for the Petitioner: 1.BALAJI MEDAMALLI Counsel for the Respondent(S): 1.GP FOR SERVICES-I The Court made the following: 3 CGRJ W.P.No.17275 of2025 ORDER: Heard Sri Balaji Medamalli, learned counsel for petitioner, and learned Government Pleader for Services-I for respondents. 2. Petitioner is working as District Forest Officer and he is stated to be due for promotion to the post of Deputy Conservator of Forests. He has been issued charge memo vide G.O.Rt.No.97, Environment, Forests, Science and Technology (Sec.IV) Department, dated 16.09.2022, setting out four articles of charges, which essentially related to the period from 2015 to 2017, on account of irregularities and negligence allegedly committed by him in supervision of CBET and other works at Chollangi in Coringa Wildlife Sanctuary of Wildlife Management Range, Kakinada. Petitioner submitted statement of defence on 21.09.2023, refuting the said charges and the inquiry is stated to be still pending. Respondents have communicated final seniority list on 23.04.2025 as per which petitioner stands at SI.No.12. On account of pendency of disciplinary proceedings, petitioner apprehends that his case would not be considered for promotion. 3. Learned counsel for petitioner submits that respondents have not concluded the inquiry within the timeliness provided by various Government Orders, which have stipulated specific timeframe. Under the guise of pendency of inquiry, the case of petitioner is not 4 CGR,J W.P.No.l7275of2025 being considered for promotion, though he is eligible and falling within the zone of consideration. 4. Learned Government Pleader for Services-I does not dispute the factum of disciplinary proceedings being inordinately delayed, but however, submits that the same would be concluded expeditiously and that the case of petitioner would be considered for promotion in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 5. The Government issued G.O.Ms.No.679, General Administration (Services-C) Department, dated 01.11.2008 thereafter and G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022, fixing timelines to conclude the inquiry within three months in simple cases and six months in complex cases. In the case at hand, the respondent authorities flouted the timelines fixed in the G.Os. and for the fault on the part of the disciplinary authority, the petitioner shall not be penalized. 6. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission, with the consent of both the learned counsel, directing the respondent authorities consider the case of the petitioner for promotion, if the petitioner is in the zone of consideration, without reference to the aforementioned charge memo. The respondents are further directed to conclude the to f 5 CGR,J W.P.No.l727Sof2025 inquiry initiated against the petitioner within a period of three months from the date of receipt of copy of this order, order as to costs. There shall be no As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- A. VIJAYA BABU assistant registrar SECTION OFFICER //TRUE COPY// To, Environment, Forest, Science arid ,1. The Special Chief Secretary Technology Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati. .2. The Principal Aranya Bhavan Andhra Pradesh-522503, '3. One CC to Sri Balaji Medamalli, Advocate [OPUC] '4. TwoCCsto GP for Services-I, High Court of Andhra Pradesh [OUTl ' 5. Two CD Copies Chief Conservator of Forests and Head of Forest Force P.V.S.Land Mark. Near APIIC Towers, Mangaiagiri ssb HIGH COURT DATED:10/07/2025 ORDER WP No. 17275 OF 2025 7 JUL 2025 ffentSectip sms!& O' Co ★^Ssil 'nAp, DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS