1 APHC010444702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23538/2025 Between: 1. CHOWDAIAH BABU VELIGONDLA, S/O. LATE V.RAMANJANEYULU, AGE 38 YEARS, OCC. P AND E CONSTABLE R/O. 2-697, SANTHI NAGAR, DHARMAVARAM, SRI SATYASAI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, PROHIBITION EXCISE DEPARTMENT REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT, VELGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2. THE COMMISSIONER OF PROHIBITION AND EXCISE, PROHIBITION AND EXCISE DEPARTMENT, A.P. MANGALGIRI, GUNTUR DISTRICT. 3. THE DISTRICT PROHIBITION AND EXCISE OFFICER NODAL, PROHIBITION AND EXCISE DEPARTMENT ANTHAPURAM, ANTHAPUR DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. D V SASIDHAR Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.23538 of 2025 ORDER: In the present Writ Petition the Petitioner is seeking for consideration of his case for promotion to the post of Prohibition and Excise Head Constable in Ananthapuram. 2. The facts leading to the filing of the writ petition are as follows: The Petitioner was initially appointed as Prohibition and Excise Constable in Chennekothapalli Prohibition and Excise Station, Ananthapur District by direct recruitment on 11.03.2014 as per the recruitment notification issued in 2012. While so, the Petitioner was suspended on 02.04.2020 for assisting in supply of spurious liquor in APSPCL outlets and a case was registered vide Crime No.75 of 2020 before Hindupuram Prohibition and Excise Station on 01.04.2020. After investigation, a charge sheet was also filed before the jurisdictional Criminal Court and the same was numbered as C.C.No.421 of 2023 before Judicial Magistrate of First Class, Hindupuram. At the same time on the same 4 charges a disciplinary enquiry was initiated against the Petitioner on 06.07.2020 and the disciplinary enquiry is still pending. 3. The cause of action for filing the writ petition is that the Respondents are considering for promotions to the cadre of Prohibition and Excise Head Constable and the Petitioner is not being considered for promotion on account of the above mentioned criminal case and disciplinary case and a reliance was placed on G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 to substantiate his case for consideration in terms thereof. 4. Sri S.Raju, learned Assistant Government Pleader would submit that G.O.Ms.No.257 dated 10.06.1999 would not have any application in this case as the nature of charge against the Petitioner is serious in nature and G.O.Ms.No.257 dated 10.06.1999 relied upon by the Petitioner itself prohibits consideration of individuals for promotion in such cases. 5. Heard respective counsel. 6. The criminal case against the Petitioner was for the offences under Sections 34(a), 34(e) read with 34(1) and 34(2) of 5 A.P. Excise Act, 1968 and Amendment Act, 2019. As per the charge sheet, the Petitioner was arraigned as A.7 and the allegations against the Petitioner was that A.1 to A.3 would receive and supply the stocks of spurious liquor to different places at Penukonda, Hindupur with the help and aid of the Petitioner and others. Paragraph No.6 of G.O.Ms.No.257 dated 10.06.1999 reads as under: “6. The appointing authority should consider and decide that it would not be against public interest to allow ad hoc promotion to the officer concerned and this shall be decided with reference to the charge under enquiry. If the charge is one of moral turpitude, misappropriation, embezzlement and grave dereliction of duty then the appointing authority should consider as not in the public interest to consider ad hoc promotion to such charged officer. But, however, if the charge is not a grave one but is a minor one, not involving moral turpitude, embezzlement and grave dereliction of duty then only in such cases he appointing authority should consider that it would not be against public interest to allow ad hoc promotion because till then his record is clean with reference to ACRS, past punishment and reputation in the department as vouchsafed by the Head of the Department and Secretary to Government. The appointing authorities should strive to finalise the disciplinary cases pursuing them vigorously so that within two years the proceedings are concluded and final orders issued.” 6 7. As per the above G.O., the individuals who are under enquiry with regard to charges of moral turpitude, misappropriation, embezzlement and grave dereliction of duty then the appointing authority should consider the said charges as grave in nature not in the public interest to promote such individuals. 8. In the present case, the nature of charge against the Petitioner is grave in nature and the charge involves grave dereliction of duty and moral turpitude. The said G.O. would not have any application to the case of the Petitioner. Therefore, this Court is not inclined to direct the Respondents to consider the case of the Petitioner for promotion. However, considering that the Petitioner would be at loss in the event of his acquittal in the criminal case, the Respondents are directed to follow the “sealed cover procedure” and promote the Petitioner to the post of Prohibition and Excise Head Constable in Ananthapuram in the event of acquittal in Criminal Court and on exoneration in the disciplinary authority. 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 7 As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY Date: 09.09.2025 Ivd 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.23538 of 2025 Dated 09.09.2025 Ivd