► APHC010352662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF TWO THOUSANDAND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18168 OF 2025 Between: D B L Kumar, S/o D.Kannaiah (late). Aged about 61 years, Occ: Assistant Director, O/o Commissioner, Survey and Settlement, Vijayawada. ...Petitioner AND 1. The Government of Andhra Pradesh, rep. by its Principal Secretary (Revenue Department), A.P. Secretariat at Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Survey Settlements and Mangalagiri, Guntur District Land Records, ...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 an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS directing the respondent authorities to consider my claim by setting aside the charge memo issued to me on 14.06.2018 for an issue relating to 04.12.2013 as illegal, arbitrary, contrary to law and violative of Articles 14, 16 and 21 of the Constitution of India, apart from violation of Principles of natural justice. lA NO: 1 OF 2025 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 respondent authorities to immediately consider the claim of the petitioner for promotion to the post of the Deputy Director (more than 10 vacancies) and also in view of a recommendation made by the second respondent to the first respondent as per law. Counsel for the Petitioner: SRI C SRINIVASA BABA Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: 1 > ♦ APHC010352662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THETWENTYSECONDDAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18168/2025 Between: ...PETITIONER D B L Kumar AND ...RESPONDENT(S) The Government Of Ap and Others Counsel for the Petitioner: 1.C SRINIVASA BABA Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18168/2025 The present Writ Petition is filed seeking for a direction to the Respondent Authorities to consider the claim of the Petitioner for promotion to the post of Deputy Director in Survey and Settlement Department, Vijayawada, by setting aside the Charge Memo issued on 14.06.2018 with regard to an incident pertaining to 04.12.2013, as illegal and arbitrary. The Petitioner was implicated in an ACB trap, while he was working as Assistant Director at Eluru, West Godavari District, for accepting a bribe of Rs.20,000/- from the Complainant-Sri Challapalli Raja, for doing official favour. Subsequently, Cr.No.11/RTC-EWG-2013 under Sections 13 (2) r/w 13 (1) (d) of ACB, Eluru Range, Eluru was registered against the Petitioner. 2. 3. Thereupon, the Petitioner submitted a representation to the Respondent Authorities explaining the sequence of events that eventually lead to the trap and that no official favour was pending with him, and neither there was any demand of bribe. 3 The Respondent No.1 having examined the case of the 4. Petitioner along with the report of the Director General, ACB and representation of the Accused Officer ordered to proceed with Departmental Enquiry instead of prosecution against the Petitioner vide Proceedings dated 27.12.2015 in Memo No.46671A/ig.l(2)/2013. Consequent thereto, Cr.No.11/RTC-EWG-2013 was closed 5. by the Special Judge for SPE and ACB cases, Vijayawada, for want of ‘Sanction’. Thereafter, a Charge Memo was issued to the Petitioner under 20 of APCS (CCA Rules), 1991 on 14.06.2018 by framing solitary Article of Charge against the Petitioner. Though, the Petitioner had submitted his explanation on 6. 22.01.2019, an Enquiry Officer was appointed on 19.06.2019, but nothing proceeded therefrom. A Memo dated 08.10.2024 was also issued by the Director of Survey and Settlement to conclude the enquiry within a period of 15 days. Despite issuance of said Memo, the Departmental Proceedings could not conclude. In the interregnum, the promotion of the Petitioner to the 7. post of the Deputy Director was deferred for the panel years ^ 2017-2018, 2018-2019 and 2023-2024 on account of pendency of 4 Departmental Proceedings. The Commissioner on 06.07.2024 addressed a Letter to the Respondent No.1 recommending the case of the Petitioner for promotion to the cadre of Deputy Director on adhoc basis pending finalization of the enquiry. As the case of the Petitioner was not being considered for promotion on an adhoc basis nor Departmental Enquiry was concluded inspite of time frame fixed vide G.O.Ms.No.91, dated 8. 12.09.2022, the present Writ Petition is filed. 9. Learned Counsel for the Petitioner would contend that the Petitioner is in verge of retirement and on account of criminal case and the subsequent Departmental Enquiry, the promotion of the Petitioner to the cadre of Deputy Director was being deferred. Learned counsel further submits that as there is no seriousness on the part of the Department in concluding the Departmental Enquiry, the case of the Petitioner for promotion to the post of Deputy Director should be considered. 10. Learned Assistant Government Pleader, on instructions submits that the case of the Petitioner would be considered for promotion on adhoc basis pending finalization of the enquiry and the Respondent No.1 has initiated steps to that effect. 5 i Heard the respective counsel. 11. On perusal of the record, it is clear that there is no 12. explanation for the pendency of the Disciplinary Proceedings from 2018 onwards inspite of G.O.Ms.No.91, dated 12.09.2022 issued by the Government fixing specific time frame and also warning the Enquiry Authority of Disciplinary Proceedings for non-compliance of the time frame for conclusion of Departmental Enquiry. Considering the factum that the Petitioner has served all 13. through in the Department and had been under consideration for promotion in the panel years 2017-2018 onwards, this Court is of the opinion that the Petitioner should be considered for promotion to the post of Deputy Director notwithstanding the pendency of the Disciplinary Enquiry initiated against the Petitioner on 14.06.2018 either on adhoc basis or on regular basis, as expeditiously as possible, preferably, before the retirement of the Petitioner. 14. Accordingly, the Writ Petition is allowed with following directions: i) The Respondent Authorities are directed to consider the case of the Petitioner for promotion to the post of Deputy Director notwithstanding the pendency of the Disciplinary Enquiry initiated 6 against the Petitioner on 14.06.2018 either on adhoc basis or on regular basis as expeditiously as possible considering the fact that the Petitioner is in the fag end of career. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary (Revenue Department), A.P. Secretariat at Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Survey Settlements and Land Records, Mangalagiri, Guntur District 3. One CC to Sri C Srinivasa Baba, Advocate [OPUC] 4. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] 5. Two CD Copies TF HIGH COURT DATED:22/07/2025 ORDER WP NO. 18168 OF 2025 5^ 2 8 JUL 2025 , CO ALLOWING THE W.P. WITHOUT COSTS