APHC010349482023 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: 17923/2023 Between: 1. BATTULA SRINIVASA RAO, S/O GARATAIAH, HINDU, AGED ABOUT 51 YEARS, WORKING AS DEPUTY ASST.COMMISSIONER, R/O H.NO.27/1/1393, 2ND MAIN ROAD, VASAVI NAGAR, BALAJI NAGAR, NELLORE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, 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 2nd respondent in issued the charge memos vide CCT's Ref No.V2/137/2015 dt.05-05-2015 and CCT's Ref.No.V1/795/2018-1 dt.14-12-2018 against the petitioner based on the two (2) surprise checks conducted on 07-04-2015 and 24/25-03-2015 and not concluding the alleged charges even after lapse of 7 years is illegal, arbitrary, unjust and capricious and violative of article 14, 16 and 21 of Constitution of India and also in contravention 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 and to quash the same as a delayed one. Consequently direct the Respondents to consider the promotion of the petitioner as Assistant Commissioner (ST) without reference to the above mentioned charge memos in terms of the G.O's mentioned above 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 to 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's vide CCTs Ref No.V2/137/2015 dt.05- 05-2015 and CCTs Ref.No.V1/795/2018-1 dt.14-12-2018 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 IA NO: 2 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 to post the matter for "For Being Mention" for correct the interim order instead of "Deputy Assistant Commissioner" to be correct as "Assistant Commissioner (ST)" in IA.No.1 of 2023 in WP.No.17923 of 2023and direct office to issue fresh corrected order and 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 :: Learned counsel for the petitioner would submit that the cause in the writ petition does not survive, in fact the petitioner was promoted to the next level. 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 193 HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.17923 OF 2023 Date: 06.01.2025 TVN