5^, APHC010461292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) .T;as WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23401 OF 2025 Between: Sri B Subba Rao, S/o. B. Ramaiah, Aged about 43 years, Occ Prohibition and Excise Superintendent, R/o. Flat No. 301, Sri Mathrukrupa, Dasapalla layout, Yendada, Visakhapatnam, Visakhapatnam District Andhra Pradesh. ...Petitioner AND 1. State of Andhra Pradesh, Represented by its Principal Secretary Revenue (Excise) Department, Secretariat, Velagapudi, Amaravati. 2. The Director of Prohibition and Excise Commissioner Andhra Pradesh, Mangalagiri, Amaravathi. 3. The Deputy Commissioner, Prohibition Visakhapatnam. Government of and Excise Department, ...Respondents Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ order in the nature of Writ of Mandamus declaring the action of the praying that in the or direction more particularly one respondents in not considering the case of the petitioner for promotion to the post of Prohibition and Excise Superintendent to the post of Asst illegal, arbitrary and violative of Articles 14, 16 and 21 commissioner bad, of Constitution of India and consequentially direct the respondents to consider the case of the petitioner for promotion to the post of Prohibition and Excise superintendent to the post of Asst, commissioner notwithstanding the pendency of disciplinary proceedings initiated in G.O.Rt.No.1043 Rev.(Vig.lV) Dept, dated 17.10.2019 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 Prohibition & Excise superintendent to the post of Asst, commissioner notwithstanding the pendency of disciplinary proceedings initiated in G.O.Rt.No.1043 Rev.(Vig.lV) Dept, dated 17.10.2019 Counsel for the Petitioner: SRI KIRAN TIRUMALASETTI Counsel for the Respondents no.1 to 3: GP FOR SERVICES I The Court made the following order: APHC010461292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23401/2025 Between; ...PETITIONER B Subba Rao AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.KIRAN TIRUMALASETTI Counsel for the Respondent{S): 1.GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23401 of 2025 ORDER: The present Writ Petition is filed to declare the action of the Respondents in not considering the case of Petitioner for promotion to the post of Assistant Commissioner from the post of Prohibition and Excise Superintendent without reference to the disciplinary proceedings initiated in G.O.Rt.No.1043 Rev(Vig.lV) Department, dated 17.10,2019 as illegal and arbitrary. 2, The Petitioner is working as Superintendent in Prohibition and Excise Department and now he is eligible and qualified for promotion to the post of Assistant Commissioner. While so, the Respondent Authorities had issued Charge Memo vide G.O.Rt.No.1043 Rev (Vig.lV) Department dated 17.10.2019 making certain allegations and the enquiry is yet to be concluded. As the Respondent Authorities are not considering the case of the Petitioner for promotion to the post of Assistant Commissioner on the ground that disciplinary proceedings are pending, the present Writ Petition is filed by the Petitioner. 3. Learned counsel for the Petitioner submits that the allegations against the Petitioner are not grave in nature. $ 4. Learned Assistant Government Pleader would contend that the case of the Petitioner would be considered in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 5. Having heard the respective submissions and considering the fact that the disciplinary proceedings have been pending for a long time, this Court is of the opinion that the case of the Petitioner can be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999. 6. Accordingly, the Writ Petition is disposed of in the following terms: i) The respondent Authorities are directed to consider the Petitioner’s case for promotion to the Post of Assistant Commissioner subject to the Petitioner possessing requisite qualification in terms of G.O.Ms.No.257, Administration (Ser.C) Department, dated 10.06.1999 taking note of inordinate delay of (06) years in concluding the disciplinary enquiry against the Petitioner. General ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. aPI.' mohd. rafi ASSISTANT registrar //TRUE COPY// To, ection officer 1. The Principal Secretary, State of Andhra Pradesh, Revenue (Excise) Department, Secretariat, Velagapudi, Amaravati Excise Commissioner, Government of Andhra Pradesh, Mangalagiri, Amaravathi. 3. The Deputy Commissioner, Visakhapatnam. 4. One CC to SRt KiRAN TiRUMALASETTi Advocate [OPUC1 5. Two CCS to GP FOR SERViCES i High Court of Andhra 6. Two CD Copies Prohibition and Excise Department, Pradesh [OUT] gsg HIGH COURT DATED: 03/09/2025 ORDER WP NO. 23401 OF 2025 DISPOSING THE WP WITHOUT COSTS