APHC010522062024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27017/2024 Between: 1. V SRINIVASULU REDDY, S/O V PENCHALIAH, AGED 57 YEARS OCC DEPUTY SECRETARY TO GOVERNMENT O/O WOMEN AND CHILD WELFARE DEPARTMENT SECRETARIAT, VELAGAPUDI ...PETITIONER AND 1. THE STATE OF AP, REP BY PRINCIPAL SECRETARY GAD DEPARTMENT, AP SECRETARIAT, VELAGAPUDI ANDHRA PRADESH 2. STATE OF ANDHRA PRADESH, REP BY PRINCIPAL SECRETARY WOMEN AND CHID WELFARE DEPARTMENT AP SECRETARIAT, VELAGAPUDI ANDHRA PRADESH ...RESPONDENT(S): 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 issuance of Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus directing the respondents to call for the records pertaining to proceedings dated 17.10.2023 and set aside/declare the same as bad, illegal, arbitrary, unconstitutional and consequently direct the respondents to promote the petitioner as Joint Secretary with effect from date as his junior for the panel year 2018-19 with all consequential benefits by and pass such other order. 2 IA NO: 1 OF 2024 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 suspend impugned proceedings dated 17.10.2023 and pass such other order. IA NO: 2 OF 2024 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 prayed to direct the respondents to promote the petitioner as Joint Secretary forthwith in the existing vacancies and pass such other order. IA NO: 3 OF 2024 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 prayed to direct the 1st respondent to conduct an enquiry by an independent agency to identify the persons who have indulged in misuse of power leading to continuous harassment of the petitioner and denial of his rights and consequently to take necessary action against such erring officials and pass such other order. IA 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 may be pleased to grant leave for filing this Reply in the W.P.No.27017/2024 before this Hon’ble Court and pass such other order. Counsel for the Petitioner: 1. J SUDHEER Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.27017 of 2024 ORDER: 1. In the present Writ Petition, the Petitioner is questioning the Order dated 17.10.2023 passed by the Respondents rejecting the case of the Petitioner for promotion to the post of Joint Secretary for the panel year 2018-2019 with consequential benefits. 2. The brief facts are as follows; The Petitioner initially joined as Junior Stenographer (Steno) in the office of the Commissioner of Land Revenue (CLR) through direct recruitment in the year 1994. The Petitioner again selected as Senior Stenographer and joined in GAD in the year 1999. Subsequently, the Petitioner was promoted as Special Category Stenographer in GAD and thereafter as Personal Secretary, Assistant Secretary and Deputy Secretary during the years 2004, 2007, 2011 and 2015 respectively. 3. While so, a departmental enquiry was initiated against the Petitioner on 06.08.2018 and on completion of the enquiry, the Petitioner was imposed a punishment of “Censure” vide G.O.Rt.No.107, General Administration (SC.D) Department, dated 20.01.2020, which was confirmed in Appeal on 21.08.2020. Questioning the same, the Petitioner 4 filed W.P.No.19382 of 2020 before this Court. This Court vide Order, dated 29.03.2023 set-aside the order of punishment of ‘Censure’ and directed the Respondents to consider the case of Petitioner for further promotion. 4. Pursuant to the orders passed by this Court in the above Writ Petition, the Respondents passed the impugned orders rejecting the case of the Petitioner for promotion to the post of Joint Secretary vide impugned Memo on the ground that the DPC had noted two criminal cases pending against the Petitioner in Cr.No.92/2010 and Cr.No.93/2010 before Lallaguda P.S., Hyderabad and the criminal cases pending before the X Additional Chief Metropolitan Magistrate, Secunderabad. Questioning the same, the present Writ Petition came to be filed. 5. In the Counter Affidavit filed by Respondent No.1, it is stated that on account of the criminal cases, the Petitioner’s case was not considered for promotion and relied on the discretion available to the Respondents as per G.O.Ms.No.257, dated 10.06.1999. It is also stated that the DPC after going through the ACRs and other material papers including criminal cases and after making overall assessment of Service Record and work done by the Petitioner does not consider the case of petitioner for promotion. 5 6. In the Counter Affidavit filed by Respondent No.2 similar stand was taken. 7. In the course of arguments, learned counsel for the Petitioner Sri J. Sudheer would submit that the criminal cases referred to in the impugned proceedings were numbered as C.C.No.1323 of 2017 and C.C.No.1293 of 2017 before the XXII Additional Chief Judicial Magistrate, Secunderabad and both the cases were ended in acquittal of the Petitioner after contest. 8. The learned counsel would further submit that in view of the acquittal in the criminal cases, the Respondents are bound to consider the Judgments dated 30.06.2025 delivered in C.C.No.1323 of 2017 and C.C.No.1293 of 2017 respectively and the Respondents are bound to consider the case of the Petitioner for promotion to the post of Joint Secretary for the panel year 2018-2019. 9. The learned Assistant Government Pleader Sri S. Raju would submit that acquittal of the Petitioner was on benefit of doubt and not a clean acquittal. 10. Reasoning: The impugned order was passed on the premise that complaints were registered against the Petitioner and others as Cr.No.92 of 2010 and Cr.No.93 of 2010 respectively for the offences punishable under 6 Sections 468, 471, 420 and 120(B) IPC before the Lallaguda Police Station, Hyderabad, which were numbered as C.C.No.1323 of 2017 and C.C.No.1293 of 2017 respectively and same were pending. Now that the Petitioner was acquitted in C.C.No.1323 of 2017 and C.C.No.1293 of 2017 by the XXII Additional Chief Judicial Magistrate, Secunderabad vide separate Judgments, dated 30.06.2025 after evaluating the evidence on record and that there is no hindrance for the case of Petitioner to be considered for promotion to the post of Joint Secretary for the panel year 2018-2019. 11. Accordingly, the Writ Petition is disposed of with the following directions; (i) The Respondents shall constitute a review DPC from the date of the junior of the Petitioner was promoted to the post of Joint Secretary in the panel year 2018-2019 and consider the case of the Petitioner for promotion to the same post; (ii) The time calendared for compliance of this order is three (3) months; (iii) No order as to costs. 12. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 16.09.2025 IS 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.27017 of 2024 Dated: 16.09.2025 IS