APHC010347962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) P WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17716 OF 2025 Between: Yecharla Manmadha Rao, S/o. Krishnam Naidu, aged about 54 years, Working as Deputy Asst. Commissioner, R/o. Plot No. 197, D.No.20-20-18/1, Krishnarajapuram. 100 Feet Ring Road, Vizianagaram District - 535 002. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary Revenue (Vigilance II) Dept, Secretariat Building, Amaravati. 2. The Chief Commissioner of State Tax, Andhra Pradesh, Kunchanapalli, Guntur District. 3. The Joint Commissioner State Tax, Vizainagaram Division, Vizainagaram District. ...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 more particularly one in the nature of Writ of Mandamus to declaring the action of the 2"'^ Respondent in not concluding the disciplinary proceedings against the petitioner based on the Memo vide D.C-VZM/RC.NO.PS/124/2016A1, dt.22-11-2016 whereby sought explanation regarding loss of certain chash receipts after laps of 9 years is illegal, arbitrary, capricious and violative of Articles 14, 16 and 21 of Constitution of India and also contrary to the G.O.Ms.No.257 dt. 10-06-1999 G.O.Ms.No.679 dt.01-11-2008 andG.O.Ms.No.529 dt 19-08-2008 whereby the said memo has to be quashed. Consequently direct the Respondents to consider the case of petitioner for promotion to the post of Assistant the Memo vide D.C- Commissioner (ST) without reference to VZM/Rc.No.PS/124/2016A1, dt.22- 11-2016. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to consider the case of the petitioner for promotion to the post of the Assistant Commissioner (ST) Without reference io the Memo vide D.C-VZM/Rc.No.PS/124/2016A1, Dt. 22.11.2016 in terms of G.O.Ms.No. 257 Dt. 10.06.1999, G.O.Ms.No. 679 Dt. 01.11.2008, pending disposal of the above writ petition. Counsel for the Petitioner; SRI N. A. RAMACHANDRA MURTHY Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: APHC010347962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY.THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17716 OF 2025 Between: Yecharla Manmadha Rao ...PETITIONER AND THa StatA Of AnHhra PrarlAoh onri O+hore ENT(S) ^6 w a 1 Counsel for the Petitioner: 1. N A RAMACHANDRA MURTHY Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17716 OF 2025 ORDER: The present Writ Petition is filed questioning the action of the respondent No.2 in not concluding the disciplinary proceedings against the Petitioner based on the Memo vide D.C-VZM/Rc.No.PS/124/2016 A1, dated 22.11.2016 whereby sought explanation regarding loss of certain cash receipts after lapse of 9 years as illegal and arbitrary. 2. The facts leading for filing the Writ Petition are as follows;- The Petitioner was initially appointed as ACTO in the Commercial Tax Department on 14.03.2005. Subsequently he was promoted as Deputy Commercial Tax Officer on 13.09.2011 and worked in the office of CTO, East, Vizianagarm up to 23.06.2016. While the matter stood thus. The Petitioner while working as DCTO in the office of Commercial Tax Officer, M.G.Road (East), Vizianagaram issued Charge Memo in the year 2016, alleging loss of receipts by Respondent No.2. Thereafter no proceedings were conducted by the Respondents against the Petitioner, even after lapse of 9 years. Petitioner submitted statement of defence refuting the aforesaid charge and enquiry is stated to be pending. Petitioner is now due for promotion to the post of Assistant Commissioner (ST), however, departmental proceedings, his case is not being considered on account of pendency of ft. 3. Learned counsel for the petitioner submits that the Government has provided timeline for concluding departmental enquiries specifically three months in case of simple cases and six months in case of complex cases in terms of G.O.Ms.No.679 dated 01.11.2009 read with G.O.Ms.No.91 General Administration (SER.C) Department dated 12.09.2022 rather Respondents were not adhering the aforesaid timelines in concluding the enquiry, therefore, Petitioner cannot be denied his right to be considered for promotion. Even otherwise. Petitioner is entitled to be considered for promotion in terms of General Administration (Ser.C) Department, dated G.O.Ms.No.257 10.06.1999. 4. Learned Assistant Government Pleader appearing for respondents on the other hand submits that enquiry would be concluded as expeditiously as possible. 5. In view of aforesaid submissions, with the consent of both the learned counsel, the writ petition is disposed at admission stage, directing the Respondents to consider the case of the Petitioner for promotion to the post of Assistant Commissioner (ST) in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, if Petitioner is otherwise, in the zone of consideration with requisite qualifications. Further, the Respondents are also directed to conclude the disciplinary proceedings within a period of six (06) months from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Special Chief Secretary Revenue (Vigilance II) Dept, State of Andhra Pradesh, Secretariat Building, Amaravati. 2. The Chief Commissioner of State Tax, Andhra Pradesh, Kunchanapalli, Guntur District. 3. The Joint Commissioner State Tax, Vizainagaram Division, Vizainagaram District. 4. One CC to Sri N. A. Ramachandra Murthy, Advocate [OPUC] 5. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] 6. Two CD Copies Cnr HIGH COURT DATED: 16/07/2025 ORDER WP NO. 17716 OF 2025 O. 2 5 JUL 2025 DISPOSING OF THE W.P. WITHOUT COSTS