APHCai 0382512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19638 OF 2025 Between: Gandham Venkata Pallam Raju, S/o Satyanarayana, Age 57 Years, Occ Superintending Engineer at Greater Visakhapatnam Municipal Corporation, Asilmet Junction, Visakhapatnam - 530016 ...Petitioner AND 1. The State of Andhra Pradesh, Municipal Administration and Urban Development Department Rep. by its Principal Secretary, Secretariat, Velgapudi, Amaravathi, Guntur District. 2. The Engineer in Chief, Public Health and Municipal Engineering Department, Flat No. 501, Garuda Enclave, Near Manipal Hospital, Tadepalli- 522501, 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 or direction more particularly in the nature of Writ of Mandamus, declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Chief Engineer from the cadre of Superintending Engineer on the ground of pendency of criminal case registered in Cr.No.03/RCA-RJY/2020 dated , one 03.02.2020 as bad, illegal, arbitrary, punitive, violative of Principles of Natural Justice, without jurisdiction and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents to include the petitioners name in the Departmental Promotion Committee (DPC) without reference to pendency of criminal case registered in Cr.No.03/RCA-RJY/2020 dated 03.02.2020 and consequentially to grant promotion to the post of Chief 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 include the name of the petitioner in the ensuing Departmental Promotion Committee (DPC) and also to consider the case of the petitioner for promotion to the post of Chief Engineer without reference to pending ACB case in Cr.No.03/RCA-RJY/2020 dated 03.02.2020 as there were no charges issued and no charge sheet is filed Counsel for the Petitioner: SRI D V SASIDHAR Counsel for the Respondents No.1, 2: GP FOR SERVICES I The Court made the following order: m APHC010382512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19638/2025 Between: VENKATA PALLAM RAJU, S/0 AGE 57 YEARS, OCC GREATER 1.GANDHAM SATYANARAYANA, SUPERINTENDING VISAKHAPATNAM ASILMET JUNCTION, VISAKHAPATNAM - 530016 ENGINEER AT MUNICIPAL CORPORATION, ...PETITIONER AND 1.THE STATE OF AP, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE ENGINEER IN CHIEF, PUBLIC HEALTH AND MUNICIPAL ENGINEERING DEPARTMENT 501, GARUDA ENCLAVE, NEAR MANIPAL HOSPITAL, TADEPALLI- 522501, GUNTUR DISTRICT FLAT NO. ...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 an appropriate Writ order or 2 direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Chief Engineer from the cadre of Superintending Engineer on the ground of pendency of criminal case registered in Cr.No.03/RCA- RJY/2020 dated 03.02.2020 as bad, illegal, arbitrary, punitive, violative of Principles of Natural Justice, without jurisdiction and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents to include the petitioners name in the Departmental Promotion Committee (DPC) without reference to pendency of criminal case Cr.No.03/RCA-RJY/2020 dated 03.02.2020 and consequentially to grant promotion to the post of Chief and pass lA NO: 1 OF 2025 registered in 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 pleased to direct the respondents to include the name of the petitioner in the ensuing Departmental Promotion Committee (DPC) and also to consider the case of the petitioner for promotion to the post of Chief Engineer without reference to pending Cr.No.03/RCA-RJY/2020 dated 03.02.2020 as there were ACB case in no charges issued and no charge sheet is filed and pass Counsel for the Petitioner; 1.D VSASIDHAR Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: THE HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.19638 of 2025 O R DE R: This writ petition is filed questioning the in action of the respondents in not considering the case of the Petitioner for promotion to the post of Chief Engineer from Superintending Engineer on the ground of pendency of criminal case registered in Cr.No.03/RCA-RJY/2020 as illegal and arbitrary. The facts leading to the filing of the writ petition are as 2. follows: Petitioner is working as Superintending Engineer since While so, a criminal case was registered by ACB in the year 2020. However, no charge sheet was filed thereon till date. The grievance of the Petitioner is that the promotions to the post of Chief Engineer are being considered and the case of the Petitioner is not being taken into consideration in view of pendency of the criminal case. 2017. The learned Assistant Government Pleader Sri S.Raju submits that no information was issued as to whether a charge 3. sheet is filed or not. 2 The Hon’ble Supreme Court in Union of India and others V. K.V.Janaki Raman and others^ at paragraph 17 held that 3. promotion etc., cannot be withheld merely because some drsciplinary/criminal proceedings are pending against the employee. To deny the said benefit, there must be a charge sheet pending in the criminal Court. The paragraph 17 is extracted below: “There is no doubt that there is a seeming contradiction between the two conclusions. But read harmoniously, and that is what the Full Bench has intended, the two conclusions can be reconciled with each other. The conclusion no. 1 should be read to mean that the promotion etc. cannot be withheld merely because some disciplinary/criminal proceedings are pending against the employee. To deny the said benefit, they must be at the relevant time pending at the stage when charge- memo/charge-sheet has already been issued to the employee. Thus read, there is no inconsistency In the two conclusions. ” In the present case, though the criminal case is registered 4. in the year 2020, no charge is said to have been filed, there is no bar for considering the case of the Petitioner for promotion to the post of Chief Engineer. 1 (199^1)4 see 109 3 6. In that view, the writ petition is disposed of with a direction to the Respondents to consider the case of the Petitioner for promotion to the post of Chief Engineer subject to the Petitioner possessing requisite qualification. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. Sd/- K TATA RAO DEPUTY REGISTRAR c^^n^^fTcer //TRUE COPY// SE To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velgapudi, Amaravathi, Guntur District. ' i 2. The Engineer in Chief, Public Health and Municipal Engineering Department, Flat No. 501, Garuda Enclave, Near Manipal Hospital, Tadepalli- 522501, Guntur District 3. One CC to SRI D V SASIDHAR Advocate [OPUC] 4. Two CCs to GP FOR SERVICES I High Court of Andhra Pradesh [OUT] 5. Two CD Copies gsg ' « HIGH COURT DATED: 05/08/2025 ORDER WP NO. 19638 OF 2025 O’ I 11 SEP 2025 m. ^ . Current Section DISPOSING THE WP WITHOUT COS