IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 284 OF 2025 Between: Shaik Hussain, S/o. Madina Saheb, Aged 59 years, Occ: Inspector of Police, V.R., Visakhapatnam Range, R/o Flat No 502, Imperial Residency, Midhilapuri VUDA Colony, Madhurawada Visakhapatnam 530041, Visakhapatnam. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, A.P. Secretariat Building Velagapudi, Amaravati, Guntur District. 2. The Director General of Police, Andhra Pradesh, Managalagiri, Guntur 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 an appropriate writ, order direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not including the petitioner's name in memo vide R.C.NO.1354/G3/2024 dt.26.12.2024 for consideration of promotion to the post of Deputy Superintendent of Police from the post of Circle Inspector of or Police is illegal and arbitrary and consequently direct the respondents to consider the case of the petitioner and effect the promotion as a Dy.SP in favour of the petitioner forthwith in the panel year i.e., 01.09.2024 to 31.08.2025 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 respondents to effect promotion to the petitioner as Deputy Superintendent of Police from the post of Circle Inspector of Police and by including the name of the petitioner in the above memo vide R.C.NO.1354/G3/2024 dt.26.12.2024 without reference to any proposed departmental action against the petitioner in the interest of justice pending disposal of writ petition Counsel for the Petitioner: SRI N ASWARTHA NARAYANA Counsel for the Respondents No.1 and 2: GP FOR SERVICES I The Court made the following: Order tr APHC010005242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY. THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 284/2025 Between: ...PETITIONER Shaik Hussain AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. N ASWARTHA NARAYANA Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: ORDER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; to issue an appropriate writ order direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not including the petitioner’s name In memo vide R.C.No.1354/G3/2024 dated 26.12.2024 for consideration of promotion to the post of Deputy Superintendent of Police from the post of Circle Inspector of Police is illegal and arbitrary and consequently direct the respondents to consider the case of the petitioner and effect the promotion as a Dy.SP in favour of the petitioner forthwith in the panel year i.e., 01.09.2024 to 31.08.2025 and pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case. ” The case of the petitioner in brief is that the petitioner was initially ^ appointed as Sub-Inspector of Police in the year 1991, thereafter promoted as 2008 and working in Visakhapatnam Range. vide Memo No.C.No.24/PR.2013, dated 19.02.2024 2. Inspector of Police in the year While so, a charge memo was issued by the Commissioner of Police, Visakhapatnam on the alleged entry of police tips (bribe) were noticed by the ACB in the note book of Ganesh Liquor Syndicate Associates of Visakhapatnam. Though an Grandhi oral enquiry held in favour the petitioner, the Enquiry Officer reported that not proved. Basing on the same, the charges against the petitioner are authority DO.No.888/2020 vide issued proceedings disciplinary C.NO.24/PR/2013 dated 20.11.2020. In view of the starring charge memos against the petitioner, the respondents have been denying his promotion to of Deputy Superintendent of Police. Aggrieved by the same, the W.P.No.11080 of 2018 before the Hon’ble High Court the post petitioner herein filed disposed directing the respondents therein to consider the the respondents willfully disobeyed the orders of and the same was petitioner case. However, this Court and not considered the case of the petitioner for promotion and many juniors to the petitioner were promoted. Having left no other option, the petitioner made a representation to the 1"' respondent along with documentary evidence to close the said charge memos. Accordingly, the same were closed by the competent authority. While things stood thus, the respondents now R.C.NO.1354/G3/2024, dated 26.12.2024 seeking issued a memo vide information for the purpose 01.09.2024 to was not even Questioning the same, the present writ petition came to be filed. of effecting promotions for panel year i.e., 31.08.2025. But surprisingly, the petitioner’s name/candidature included and called for without assigning any reasons. counsel for the petitioner and learned Assistant Heard learned Governmenf Pleader for Services - 1 appearing for the respondents. 3. learned counsel for the petitioner submits that though the issued by the disciplinary authority against the petitioner were 4. On hearing charge memos closed, the action of the respondents in not including the petitioner’s name in memo vide R.C.No.1354/G3/2024 dated 26.12.2024, is illegal and arbitrary. Therefore, learned counsel requests this Court to direct the respondents to consider the case of the petitioner for promotion to the post of Deputy Superintendent of Police. Per Contra, learned Assistant Government Pleader for Services appearing for the respondents has furnished a copy of the written instructions issued by the Chief Administrative Officer vide Rc.No.1354/G3/2023 dated 31.12.2024, and submits that the petitioner’s name was also included in the selection list for promotion and his name was shown in the serial No.5. He further submits that the petitioner filed the present writ petition on mere apprehensions, as such, prayed to dismiss the writ petition. In view of the above submissions, this Court deems fit to dispose of the writ petition, at the stage of admission with the consent of both the learned counsels, while directing the respondents to consider the case of the petitioner for promotion to the post of Deputy Superintendent of Police for panel year i.e., 01.09.2024 to 31.08.2025, proceedings No.18(1767756)/SC.A/A2/2016-6, dated 16.03.2024 of Home Department, Government of Andhra Pradesh, against the petitioner With the above observation, the writ petition is disposed of. There shall be no order as to costs. 5. 6. without reference to the criminal Memo and departmental proceedings in 7. As a sequel, interlocutory applications, if any pending, shall stands closed. Sd/-M. SRINIVAS assistant registrar SEC^r^ OFFICER //TRUE COPY// -1 Tho PrinHnal Secretarv State of Andhra Pradesh, Home Department, A.P. I ?ro gg 5. Three CD Copies To, District. Note: The Words “without ''®^®'’®[^'l®Q,A‘^Qyy50wscAfA2/2(Tl6-6, dated 16- departmental proceedings in Qf Andhra Pradesh, against the place of earlier order which was dispatched onl 0-01-2025. ^ Sd/- M SRINIVAS ASSISTANT REGISTRAR HIGH COURT DATED: 10/01/2025 24/01/2025 AMENDED ORDER OF AND^ 5^’ 2 7 JAN 2025 B WP.No.284 of 2025 Current Section % DISPOSING THE WP WITHOUT COSTS