APHC010417172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) fM o m 3= 'VJ> TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21477 OF 2025 Between: M. Lakshmi Narasimham, S/o. M. Kondaiah, Collector, O/o. the DRO, Collectors Office, Vijayawada Bommarillu-2, Thotavari Street, Ajith Singh Nagar, Vijayawada District. Aged 59 years. Deputy R/o. Flat No.501, N.T.R. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Revenue Department, Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The Chief Commissioner of Land Administration, Government of Andhra Pradesh, Mangalagiri, 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 one in the nature of writ of Mandamus declaring the petitioner is entitled for promotion to the post of Special Grade Deputy Collector and consequently direct the respondents to consider the case of the petitioner for promotion to the post of Special Grade Deputy Collector without reference to the > 0r NLR/2019 dated 09.10.2019 and in terms of Cr.No.05/RCA-ACB G.O.Ms.No.66 dated 30.01.1991. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to consider the case of the petitioner for promotion to the post of Special Grade Deputy Collector without reference to Cr.No.05/RCA-ACB-NLR/2019 dated 09.10.2019 and in terms of G.O.Ms.No.66 dated 30.01.1991, pending disposal of the writ petition. the Counsel for the Petitioner: SRI MANOJ KUMAR BETHAPUDI Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: APHC010417172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21477/2025 Between: ...PETITIONER M Lakshmi Narasimham AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: I.MANOJ KUMAR BETHAPUDI Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.21477 of 2025 O R DE R: The present Writ Petition is filed to consider the case of the Petitioner for promotion to the post of Special Grade Deputy Collector, without reference to the ACB case dated 09.10.2019, and in terms of G.O.Ms.No.66, dated 30.01.1991. 2. The Petitioner is working as Deputy Collector since 2011. When the Petitioner was working as Special Deputy Collector, Telugu Ganga Peroject, Rapur at Nellore, an ACB case was registered against the Petitioner in Cr.No.05/RCA-ACB-NLR/2019 for the offence punishable under Section 13 (1) (b) of the Prevention of Corruption Act ( Amendment Act), 2018. It is stated that no sanction or any charge sheet was filed in the said case. 3. Sri M. Vijay Kumar, learned Senior Counsel appearing for the Petitioner would contend that the Petitioner is in the zone of consideration for promotion to the post of Special Grade Deputy Collector and apprehends that his case would not be considered for promotion in view of the crime registered by the ACB. He further submits that mere registration of the crime would not 3 suffice unless a charge sheet is filed in the said case and only then, the bar for considering the case of the Petitioner for promotion would kick in as per G.O.Ms.No.66, dated 30.01.1991. Sri S. Raju, learned Assistant Government Pleader on 4. instructions would submit that the Petitioner has not come under the zone of consideration till the approved regular panel of SGDC ( i.e., till 2023-2024) as per his seniority in the cadre of Deputy Collector. It is further stated that the case of the Petitioner would come under zone of consideration for the upcoming panel year of SGDC and his candidature will be examined in terms of G.O.Ms.No.257, GA ( Ser.C) Department, dated 10.06.1999 as a Criminal Case is registered against the Petitioner by the ACB. Having heard the respective counsel, G.O.Ms.No.66, dated 5. 30.01.1991 states that the case of the individuals for promotion can be considered as long as Charge Sheet is not filed in Criminal case. The relevant portion of the said paragragraph is extracted hereunder: “Government, however, hereby direct that promotion/appointment by transfer to a higher post in respect of Officers who are facing disciplinary proceedings or a criminal case or whose conduct is 4 under investigation and whose case falls under the group referred to in para 2 (iii) of the G.O, first read above, shall be deferred, only when charges of misconduct are framed by the competent authority and served on the concerned delinquent officer or a charge sheet has been filed against him in criminal Court, as the case may be”. 6. In view of the same, the Respondents Authorities directed to consider the case of the Petitioner for promotion to the post of Special Grade Deputy Collector in terms of G.O.Ms.No.66, dated 30.01.1991 and will not take note of the ACB case, unless Charge Sheet is filed. are 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- W!. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// //<^ SECTION OFFiCER To. 1. The Special Chief Secretary, Revenue Pradesh, Secretariat Building, Velagapudi, Amaravati 2. The Chief Commissioner of Land Administration, Pradesh, Mangalagiri, Guntur District. 3. One CC to Sri Manoj Kumar Bethapudi, Advocate [OPUC] 4. Two CCs to GP for Services I, High Court of Andhra 5. Two CD Copies Department, State of Andhra Guntur District. Government of Andhra Pradesh [OUT] Cnr HIGH COURT DATED:19/08/2025 ORDER WP NO. 21477 OF 2025 a 0 9 SEP 2025 )S '?iv5iimntSecCMi^5' DISPOSING OF THE W.P. WITHOUT COSTS