APHC010474282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24108/2025 Between: Diyya Janaki Ramaiah, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. D V SASIDHAR Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 2 VN, J THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.24108 of 2025 ORDER: In the present Writ Petition, the Petitioner is seeking for consideration of his case for promotion to the post of Deputy Mandal Parishad Development Officer ( Dy. MPDO), Zone-III. 2. The Petitioner was initially appointed as Village Development Officer Grade-II on 18.12.1993 through APPSC Group III Examination and thereafter, he was promoted to the Post of Village Development Officer- Grade-I on 14.12.2003. While so, a criminal case was registered against the Petitioner vide Crime No.7/RCT-ACB-NLR/2023, dated 11.08.2023 making some allegations and thereafter, he was arrested on 12.08.2023. Thereupon, the Respondent No.2 suspended the Petitioner from service vide Proceedings dated 29.08.2023. It is stated that the suspension order was eventually revoked on 23.05.2024 and the Petitioner was reinstated into service on 19.07.2025. The Petitioner is presently working as Panchayat Secretary Grade-I (VDO-Gr.I) at Tadakandriga Gram Panchayat, Tada Mandal, Tirupati District. As the case of the Petitioner was not being considered for the post of Deputy Mandal Parishad Development Officer on the ground that Crime case is pending, the present Writ Petition is filed. 3 VN, J 4. Learned counsel for the Petitioner submits that till today, no Departmental Proceedings were initiated against the Petitioner except pending ACB Case, and therefore, the case of the Petitioner can be considered for promotion. 3. Learned Assistant Government Pleader would submit that the charges framed against the Petitioner are grave in nature and the case of the Petitioner cannot be considered considering the gravity of the charges framed against the Petitioner. 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 Mandal Parishad Development Officer 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: 4 VN, J a) The Respondents are directed to consider the case of the Petitioner to the post of Deputy Mandal Parishad Development Officer without reference to pendency of criminal case registered against the Petitioner. b) No order as to costs. Pending miscellaneous applications, if any, in this petition, shall stand closed. ____________________ NYAPATHY VIJAY, J Date: 12.09.2025 eha 5 VN, J THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24108/2025 Dt.12-09-2025 eha