APHC010346862023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17746/2023 Between: 1. TOLETI SUBRAHMANYAM, S/O SRIRAMA MURTHY, HINDU, AGED ABOUT 50 YEARS, OCC. D.C.T.O, R/O FLAT NO.S2, HAZARA HOUSE, GANGARAJU NAGAR, 6TH ROAD, VALASAPAKALA, KAKINADA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS SPECIAL CHIEF SECRETARY REVENUE (VIGILANCE II), SECRETARIET BUILDING, AMARAVATI. 2. THE CHIEF COMMISSIONER OF STATE TAX, ANDHRA PRADESH, KUNCHANAPALLI, GUNTUR DISTRICT. 3. THE SECRETARY TO VIGILANCE COMMISSIONER, ANDHRA PRADESH VIGILANCE COMMISSION, VELAGAPUDI. 4. THE JOINT COMMISSIONER, STATE TAX, VISAKHAPATNAM. ...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 particularly one in the nature of Writ of Mandamus to declare the action of the respondents in initiate the departmental disciplinary proceedings against the petitioner a charge memo issued vide CCT'sRef.No.V3/72/2016 dt.26-07-2019 in connection with surprise check conducted on 01-02-2016 is illegal, arbitrary, capricious and violative Article 14, 16 and 21 of Constitution of India and also contrary to G.O.Ms.Nos.257 dt.10-06-1999, G.O.Ms.No.679 dt.01-11- 2008 and G.O.Ms.No.529 dt.19-08-2008 and to quash the same as a delayed one. Consequently, direct the respondents to consider the case of the petitioner for promotion to the post of Assistant Commissioner (ST) without reference to the charge memo vide CCT'sRef.No.V3/72/2016 dt.26-07-2019in terms of above mentioned G.Os and to pass IA NO: 1 OF 2023 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 Assistant Commissioner (ST) without reference to the charge memo vide CCT'sRef.No.V3/72/2016 dt.26-07- 2019 in terms of G.O.Ms.Nos.257 dt.10-06-1999, G.O.Ms.No.679 dt.01- 11-2008 and G.O.Ms.No.529 dt.19-08-2008 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. N A RAMACHANDRA MURTHY Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondent authorities in initiating the departmental disciplinary proceedings against the petitioner vide charge memo No.CC(ST) Vijayawada Ref.No.V3/72/2016, dated 26.07.2019 (Ex.P1), as illegal and arbitrary. 2. On 19.07.2023, a co-ordinate bench of this Court granted an interim order, directing the respondent authorities to consider the case of the petitioner for promotion to the post of Assistant Commissioner in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.09.1999, subject to petitioner’s fulfilling the eligibility criteria. 3. Today, when the matter is listed, learned counsel for the petitioner would submit that the cause in the writ petition does not survive by efflux of time. 4. Recording the submission made by learned counsel for the petitioner, the Writ Petition is closed. There shall be no order as to costs. Miscellaneous petitions, if any pending, in this case, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 06.01.2025 TVN 194 HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.17746 OF 2023 Date: 06.01.2025 TVN