APHC010425132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22537 OF 2025 Between: Aged about 52 years, Senior O/o Deputy Inspector General of Registration and Stamps, Vijayawada, r/o Vijayawada. Mohammed Shafiullah, s/o Sk. Habibulla, Assistant, ...Petitioner AND The State of Andhra Pradesh, Represented by its Principal Secretary to Government Revenue (Regn, I) Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. The Commissioner and Inspector General of Registration and Stamps, Government of Andhra Pradesh, Vijayawada, Krishna District, A.P. The Deputy Inspector General of Registration and Stamps, Eluru, Andhra Pradesh. The Deputy Inspector General of Registration and Stamps, Vijayawada, Andhra Pradesh. 1. 2. 3. 4. ...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 appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus by declaring the action of the Respondents in not considering Petitioner’s claim for promotion to the post of Sub- Registrar, Grade-ll on the ground of pendency of RADIO MESSAGE dated 27-08-019 (03/RCO-ACB/SC-ACB- VJA/2022) and thereby denying promotion ■ though the Petitioner is not under currency of any disciplinary or criminal proceedings, as being arbitrary, illegal, contrary to the orders issued in G.O. Ms. No. 66 dated 30-01-1991, in violation of Articles 14 and 16 of the Constitution of India and Judgments rendered in this regard including the Order passed by this Hon’ble Court in W.P. No. 3315 of 2019 dated 23-01- '2020 and similar such orders and further be pleased to hold that the Petitioner is entitled to have his case considered and be promoted as Sub- Registrar Grade-11 on the basis of placement assigned to me in the seniority list with benefits incidental thereto without reference to the pendency of surprise check proceedings in RADIO MESSAGE dated 27-08-2019 (03/RCO- ACB/SC-ACB-VJA/2022) on the analogy of Orders passed in similar cases and the reservation in the interest of justice in the interest of justice with benefits incidental and ancillary thereto and to pass. 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 consider the case of the Petitioner for promotion to the post of Sub-Registrar Grade-11 without reference to surprise check proceedings in RADIO MESSAGE dated 27-08-2019 (03/RCO-ACB/SC-ACB - VJA/2022)in terms of G.O. Ms. No. 66 dated 30-01-1991 and Orders passed by this Hon’ble Court in W.P. No. 3315 of 2020 dated 23-01-2020, W.P. No. 12607 of 2020 dated 08-12-2020 & W.P. No. 24015 of 2020 dated 16-12- 2020 and to pass. Counsel for the Petitioner: SRI V RAVICHANDRAN Counsel for the Respondents: GP FOR SERVICES I The Court made the following Order: V.-. APHC010425132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22537/2025 Between: ...PETITIONER Mohammed Shafiullah AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.VRAVICHANDRAN 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.22537 of 2025 ORDER: The present Writ Petition is filed to declare the action of the Respondents in not considering the Petitioner’s claim for promotion to the post of Sub Registrar, Grade-ll on the ground of pendency of RADIO MESSAGE dated 27.08.2019 (03/RCO- ACB/SC-ACB-VJA/2022) and thereby denying promotion though the Petitioner is not under currency of any disciplinary or criminal proceedings as illegal and arbitrary. 2. The Petitioner is working as Senior Assistant in Registration and Stamps Department. A surprise check was carried out by Anti Corruption Bureau on 27/08/2019, which resulted in registration of criminal case against the Petitioner. However, according to the Petitioner, no Charge Memorandum was issued in the Disciplinary Proceedings or any Charge Sheet has been filed in criminal case. 3. Learned counsel for the Petitioner submits that in spite of there being no Charge Memorandum/Charge Sheet, the case of the Petitioner is not being considered for promotion to the 3 post of Sub Registrar Grade-11. Learned counsel for the Petitioner placed reliance on G.O.Ms.No.66, General Administration (Services-C) Department, dated 30.01.1991, wherein it was stated that the cases for promotion need not be withheld unless a Chargesheet/Charge Memorandum is issued. 4. Sri S. Raju, learned Assistant Government Pleader would submit that the case of the Petitioner would be considered for promotion in terms of the rules in vogue and as and when the Petitioner comes in the zone of consideration. 5. Having heard the respective counsel, G.O.Ms.No.66, dated 30.01.1991 states that the promotion/appointment by transfer to a higher post should be deferred only when charges of misconduct are framed by the competent authority or a Charge sheet has been filed against him in Criminal Court. The relevant paragraph of the said Government Order is extracted hereunder: “ Government, however, hereby direct that promotion/appointment by transfer to a higher post in respect of officers who are facing disciplinary 4 proceedings or a criminal case or whose conduct is 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”. In view of the above, the Writ Petition is disposed of with the following direction: (i) The Respondent Authorities are directed to consider the case of the Petitioner for Registrar Grade-ll in 30.01.1991. 6. promotion to the post of Sub terms of G.O.Ms.No.66, dated (ii) There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Principal Secretary to Government Revenue (Regn, I) Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Commissioner and Inspector General of Registration and Stamps, Government of Andhra Pradesh, Vijayawada, Krishna District, A.P. 3. The Deputy Inspector General of Registration and Stamps, Eluru, Andhra Pradesh. 4. The Deputy Inspector General of Registration and Stamps, Vijayawada, Andhra Pradesh. 5. One CC to Sri. V Ravichandran, Advocate [OPUC] 6. Two CCS to GP for SERVICES I, High Court of Andhra Pradesh [OUT] 7. Two CD Copies To, vna HIGH COURT DATED:29/08/2025 ORDER WP NO. 22537 OF 2025 1 0 SEP 2025 SjimwtStc ■'■5£SE4lfi O DISPOSING OF THE WRIT PETITION WITHOUT COSTS