APHC010451042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22939/2025 Between: G Venkatesu ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. Mr. Ghanta Ramarao, Ld. Sr. Counsel representing Mr. Ghanta Sridhar Counsel for the Respondent(S): 1. GP for Services I The Court made the following: 2 HVN, J WP_22939_2025 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.22939 of 2025 ORDER: In the present Writ Petition, the Petitioner is seeking for consideration of his Representation, dated 13.08.2025, for promotion to the post of Deputy Collector. 2. The Petitioner while working as Administrative Officer (Tahsildar) in the office of the District Collector, Kurnool, was suspended from service on 21.09.2023, on the basis of a News Article, dated 20.08.2023. It is stated that the suspension order was eventually revoked on 09.02.2024 and the Petitioner was reinstated into service. The Petitioner is presently working as Tahsildar, Hindupur. 3. While so, the Respondent State was considering to effect promotions to the post of Deputy Collector and the apprehension of the Petitioner is that his case is not being considered for promotion even though he is in the zone of consideration, on account of contemplated disciplinary proceedings. Hence the present Writ Petition is filed. 4. Learned Assistant Government Pleader would submit that the case of the Petitioner for promotion would be considered provided the Petitioner is in the zone of consideration and as per the Rules in force today. 3 HVN, J WP_22939_2025 5. Heard the learned Senior Counsel for the petitioner and learned Assistant Government Pleader for Respondents. 6. As no charge memorandum is issued to the Petitioner till date, there is no bar for consideration of the case of Petitioner for promotion to the post of Deputy Collector as per G.O.Ms.No.66, dated 30.01.1991. The Paragraph 5 of G.O.Ms.No.66, dated 30.01.1991, is reproduced hereunder: “5. 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 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.” 7. In that view, the Writ Petition is disposed of with a following direction: a) The Respondents are directed to consider the case of the Petitioner to the post of Deputy Collector, provided the Petitioner is in the zone of consideration. No order as to costs. Pending miscellaneous applications, if any, in this petition, shall stand closed. ____________________ NYAPATHY VIJAY, J Date: 30.08.2025 SSN