APHC010418052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21732/2025 Between: 1. K NAGA RAJU, S/O. K SARABANDI RAJU,AGED 54 YEARS, OCC HEAD CONSTABLE (1776) KALKALURU POLICE STATION, ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT,SECRETARIAT, VELAGAPUDI, AT AMARAVATHI, GUNTUR DISTRICT. 2. THE DEPUTY INSPECTOR GENERAL OF POLICE, ELURU RANGE, ELURU, ELURU DISTRICT. 3. THE SUPERINTENDENT OF POLICE, ELURU, ELURU DISTRICT. ...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 a Writ, order or direction, more particularly one in the nature of writ of mandamus, declaring the action of the respondents not considering the petitioner claim for promotion to the post of Assistant Sub Inspector of Police without reference to Criminal Case vide C.C. No. 1200 of 2021 on the file of Honble II AddI Judicial Magistrate at Eluru in terms of G. 0. Ms. No. 257, General Administration Department, dated 10.06.1999as highly illegal, arbitrary, unjust, discrimination, unconstitutional and violation of Article 14 and 16 and 21 of the Constitution of India and contrary to the orders of this 2 Honble Court and consequentially direct the respondents to promote the petitioner as Assistant Sub Inspector of Police in terms of G.O.Ms.No.257, General Administration Department, dated 10.06.1999 with all consequential benefits and pass IA 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 consider the petitioner claim for promotion to the post of Assistant Sub Inspector of Police in terms G.O.Ms.No.257, General Administration Department, dated 10.06.1999 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. K SRINIVASA PRASAD Counsel for the Respondent(S): 1. GP FOR SERVICES I 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21732/2025 ORDER: The present Writ Petition is filed to declare the action of the Respondents in not considering the Petitioner claim for promotion to the post of Assistant Sub Inspector of Police without reference to Criminal Case vide C.C.No.1200 of 2021 on the file of II Additional Judicial Magistrate, Eluru, as illegal and arbitrary. 2. The Petitioner was initially appointed as a Police Constable in the year 1993 and subsequently, he was promoted as Head Constable in the year 2014. It is stated that now he is eligible and qualified for promotion to the post of Assistant Sub Inspector of Police. While so, a Criminal Case vide C.C.No.1200 of 2021 on the file of II Additional Judicial Magistrate, Eluru was filed against the Petitioner and 10 other Police Officials and the said Criminal Case is pending. 3. While so, the promotion for the post of Assistant Sub Inspector of Police are being considered and the apprehension of the Petitioner is that his case would not be considered for promotion in view of the pendency of the Criminal Case. It was in that context, the present Writ Petition was filed. 4. Learned counsel for the Petitioner, submits that except the above Criminal Case, no charge memo is pending against the Petitioner. Learned counsel for the Petitioner further submits that pendency of the Criminal Case and the same is likely to hinder his prospects for consideration of his case for 4 promotion to the post of Assistant Sub Inspector of Police even though the charges therein are not serious. 5. Learned Assistant Government Pleader would contend that the Petitioner case would be considered in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 6. Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner for the post of Assistant Sub Inspector of Police and his case should be considered for promotion in terms of Section 257, dated 10.06.1999 and Writ Petition is disposed of in the following terms: i) The respondents are directed to consider the Petitioner’s case for promotion to the Post of Assistant Sub Inspector of Police, in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 18.08.2025 SNI 5 65 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21732/2025 Date: 18.08.2025 SNI