APHC010017712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1073/2025 Between: 1. R DHARMENDRA BABU, S/0. MADANA MOHANA RAO, AGED 54 YEARS, WORKING INSPECTOR OF POLICE, COMMAND CONTROL, TIRUPATI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT BUILDINGS AMARAVATI, GUNTUR DISTRICT, AP. 2. THE DIRECTOR GENERAL OF POLICE AP, MANGALAGIRI, GUNTUR DISTRICT. 3. THE INSPECTOR GENERAL OF POLICE, SCZ,GUNTUR RANGE, GUNTUR DISTRICT. 4. THE DEPUTY INSPECTOR OF POLICE, SCZ ,GUNTUR RANGE,GUNTUR DISTRICT ...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 issue a Writ or Order more in the nature of Mandamus in declaring the action of the respondents in not promoting the petitioner to the post of 2 Deputy Superintendent Of Police ,as illegal, arbitrary, unjust, and violative of Articles 14 and 16 of the Constitution Of India and consequentially direct the respondents to consider the case of the petitioner for promotion to the post of Deputy Superintendent Of Police in terms GO Ms No 257 Administration (SER.C) Department dated 10.06.1999, and pass 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 to direct the respondents to consider the case of the petitioner for promotion to the post of Deputy Superintendent Of Police in terms GO Ms No:257 Administration (SER.C) Department dated: 10.06.1999, and pass Counsel for the Petitioner: 1. K R SRINIVAS Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following ORDER: Heard Sri K.R.Srinivas, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services-I appeared for the respondents. 2. A charge memo vide C.No.02/PR/2012, dated 28.02.2012 (Ex.P.1) was issued to the petitioner. The inquiry was completed and the inquiry officer submitted report to the Disciplinary authority. A criminal case vide Crime No.13/RCT-ACB-VJA/2012 was also registered against the petitioner under Sections 7 & 13 (2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. The petitioner filed W.P.No.11574 of 2019 to stay further proceedings in the Departmental inquiry till disposal of C.C.No.27 of 2014 on the file of the Special Judge for SPE & ACB Cases, Vijayawada and the said writ petition was disposed of on 26.08.2019 restraining the respondents therein to proceed further in disciplinary proceedings pending C.C.No.27 of 2014. 3 3. Another charge memo vide C.No.26/PR/2022, dated 18.05.2022 (Ex.P.3) was issued to the petitioner. The petitioner submitted an explanation. Thereafter, an inquiry officer was appointed on 30.04.2024. However, the inquiry was not concluded so far. 4. At the hearing, learned counsel for the petitioner would submit that though the petitioner is eligible for promotion, his candidature is not considered due to pendency of the aforementioned charge memos and criminal case. Learned counsel for the petitioner has confined his arguments and urged to direct the respondents to follow G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. Learned Assistant Government Pleader did not refute the said contention. 5. The Government issued G.O.Ms.No.257, dated 10.06.1999 to meet the contingency referred to supra. 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the admission stage, with the consent of learned counsel on either side, directing the respondents 1 to 4 to consider the petitioner’s case for promotion to the post of Deputy Superintendent of Police, strictly in terms of G.O.Ms.No.257, dated 10.06.1999, if the petitioner’s candidature is in the zone of consideration whenever DPC is constituted. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 20.01.2025 KA 4 33 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1073/2025 Date: 20.01.2025 KA