APHC010389632025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19717 OF Between: Lebakula Srinivasulu The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. SRINIVASA RAO BODDULURI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19717 OF 2025 AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: SRINIVASA RAO BODDULURI Counsel for the Respondent(S): GP FOR SERVICES I The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3460] WEDNESDAY,THE THIRTIETH DAY OF JULY THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ...PETITIONER ...RESPONDENT(S) THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19717 OF 2025 ORDER: The present Writ Petition is filed questioning the action of the Respondents in seeking to supersede the Petitioner in promotion to the post of Goods and Services Taxes Officer as illegal and arbitrary. 2. The facts leading for filing the Writ Petition are as follows:- The Petitioner was initially appointed as Junior Assistant on 11.09.1995. Subsequently he was promoted as Senior Assistant, which was re-designated as Assistant Executive Officer and posted to work at Piduguralla, Guntur District. The Petitioner is having pre-requisite qualifications and passed Accounts Text and Executive Officer Test and he is eligible for promotion to the post of Assistant Commercial Tax Officer, which is re-designated as Goods and Service Tax Officer, which is a zonal post under Andhra Pradesh Commercial Tax Subordinate Service Rules, 1990. The name of the Petitioner is shown at Sl.No.81 (712) in the Zone. 3. While so, a Charge Memo was issued to the Petitioner on 02.03.2020 by the Respondent No.1 alleging that an amount of Rs. 2,600/- was found in his possession during surprise check on 09.01.2017 and issued Charge Memo dated 20.02.2024. Till date, no enquiry was conducted and there is no progress in the disciplinary case. 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 Goods and Services Taxes Officer, however, on account of pendency of departmental proceedings, his case is not being considered. 4. 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 G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 5. Learned Assistant Government Pleader appearing for respondents on the other hand submits that enquiry would be concluded as expeditiously as possible. 6. Having heard the respective counsel and taking note of the fact that there is no progress in the departmental enquiry contrary to the time frame as fixed vide G.O.Ms.No.91, dated 12.09.2022, this Court is inclined to dispose of the Writ Petition, with the consent of both the counsel at admission stage with following directions: (i) The Respondents are directed to consider the case of the Petitioner for promotion to the post of Goods and Services Taxes Officer 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 and also as per Clause 5 in Circular Memo No.15813/Ser-C/2007, General Administration (SER.C) Department, dated 11.09.2007. (ii) 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. (iii) The Disciplinary Authority as well as Enquiry Officer and Presenting Officer shall be answerable for the delay in concluding the enquiry within the time frame as mentioned above. 7. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 30.07.2025 KK