.u APHC010550192024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 28746 OF 2024 Between: M. Madhusudhan, S/o. Ramchandran Office of Principle Junior Civil Judge, Kurnool, Street, Near Old Bus stand Kurnool, Kurnool District. Aged about 45 years, Occ Typist, R/o.D.No.52-30, Kuruva ...Petitioner AND 1. The High Court of Andhra Pradesh, At Amaravathi, Rep. by Registrar Administration. 2. The Principal District Judge, O/o. Principal District Judge, Kurnool, Kurnool District. 3. The Judicial Magistrate of First Class, Adoni (R3 was Suomoto Impleaded as per Court order dated 23.06.2025 in Petition and Affidavit) ...Respondents 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 an order, writ or direction more particularly in the nature of Writ of Mandamus Under Article 226 of the Constitution of India declaring the proceedings of 2nd respondent in Dis.No.7014/Estt../2024 dated 20.11.2024 in rejecting promotion to the post of Senior Assistant on the ground pendency criminal case without considering GOMS.No.257 General Administration (Ser.C) Department dated 10.06.1999 as illegal arbitrary and violative of Article 14, 21 of Constitution of India and also violation of GOMS.No.257 General Administration (Ser.C) Department dated 10.06.1999 and consequently quash/set-aside the above said proceedings by directing 2nd respondent to consider name of the petitioner for promotion to the post of Senior Assistant when ever called for the list of promotion. of the lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2nd respondent to consider the petitioner for promotion to the post of Senior Assistant when ever called for the list of promotion by suspending the proceeding issued by the 2nd respondent in Dis.No.7014/Estt../2024 dated 20.11.2024, pending disposal of the above writ petition Counsel for the Petitioner: SRI P NARAHARI BABU Counsel for the Respondents No.1, 2: SRI Y N VIVEKANANDA The Court made the following order: COURT OF ANDHRA PRADESH at AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT JUSTICE R RAGHUNANDAN RAO SMT JUSTICE SUMATHl JAGADAM WRIT PETITION* 28746/2024 APHC010550192024 IN THE HIGH [3541] the honourable SRI THE HONOURABLE Between: ...PETITIONER M Madhusudhan AND ...RESPONDENT(S) Court Of Andhra Pradesh and Others The High Counsel for the Petitioner: 1.P NARAHARI BABU Counsel for the Respondent(S): 1.Y N VIVEKANANDA Court made the following Order; (per ble Sn Justice R. Raghunandan Rao) presently working as a Typist in the office of the Kurnool, has approached this Court being of Senior Assistant and the Hon’ The The petitioner, who is learned Principal Junior Civil Judge denial of promotion to the post aggrieved by the rejection of his representation District Judge, Kurnool, by proceedings bearing by the learned Principal for such promotion, ino Dis.No.7014/£sff.,/2024, dated 20.11.2024. 2 RRR,J&JS,J - W.P.No.28746 of 2024 It appears that there was a release of an under-trial prisoner on account of certain documents, which appear to have been fabricated. The petitioner, was implicated of this affair and a departmental enquiry as well as a criminal case were initiated in this regard. The departmental enquirywas closed, after the Enquiry Officer, had held that the charges framed against the petitioner were not proved. However, the criminal case, which had been initially registered as Crime No. 125 of 2013 by the Adoni ll-Town Police Station has now been numbered as C.C.No.500 of 2017 on the file of the learned Judicial First Class Magistrate, Adoni and a charge sheet has been filed. The Trial in the matter had commenced and is said to be pending, at the stage of further Chief Examination of P.W. 1. 2. 3. The petitioner, who had been initially suspended, had been reinstated into service. However, his claim for promotion was not accepted. Being aggrieved by non-consideration of his name, for promotion, the petitioner filed a representation before the 2'"'^ respondent for such consideration, on the ground that, he falls within the zone of consideration. The 2'^'^ respondent by his proceedings, dated 05.09.2022, had rejected the said representation, on the ground that, he does not fall within the zone of consideration. 4. Subsequently, the promotion of the petitioner was again rejected, in the subsequent round of promotions. Aggrieved by the same, the petitioner again approached the 2"*^ respondent, by his representation, dated 21.09.2024. This 3 RRR,J & JS,J W.P.No.28746 of 2024 representation was rejected by the 2""' respondent, by proceedings bearing Dis.No.7014/Esff.,/2024. dated 20.11.2024. nd respondent, after considering the representation of the 5. The 2 petitioner, had rejected the same, on the ground that, a charge sheet had already been filed against the petitioner and the same was pending Trial. The 2"'^ respondent took the view that, G.O.Ms.No.257, does not permit consideration of the promotion of a person under Trial especially, if a charge sheet had been filed. Aggrieved by this order of rejection, the petitioner has approached this 6. Court, by way of the present Writ Petition. Sri M.K. Raj Kumar, learned counsel appearing on behalf of 7. Sri P. Narahari Babu, learned counsel for the petitioner, would rely upon the judgment of a Division Bench of this Court in the case of N. Shankar Prasad Vs. State of Andhra Pradesh & Ors., in W.A.No.384 of 2020, dated 01.04.2021 as well as the judgment of another Division Bench of this Court, dated 23.01.2020, in W.P.No.3315 of 2019. In the judgment of the Division Bench, in W.P.No.3315 of 2019, this Court, had specifically adverted to G.O.Ms.No.257 and had held, in paragraph 8. 12 of the said judgment, that promotion of an individual can be deferred by the departmental authorities only in the cases where charge memos were issued in a disciplinary departmental proceedings or charge sheet is filed in criminal cases. This judgment was said to be differentiated before another 4 RRR,J&JS,J. ' M/. P. No. 28746 of 2024 Pradesh & Bench in the case of N. Shankar Prasad Vs. State of Andhra Ors., on the ground that, the regulations relating to that standing Orders and the same should be treated as Special Provisions of Law, which would have precedence of the General Provisions in G.O.Ms.No.257. This contention was rejected by the Division Bench and had held that, the Law set out in W.P.No.3315 of 2019, would be applicable even in cases where Police Standing Orders are applicable. In the present case, there is no dispute as to the fact that the charge sheet has been filed and the same has been taken cognizance by the Court. In these circumstances, it would not be appropriate to direct the 2 respondent to consider the C.C.No.500 of 2017 remains pending. case would be Police of Law set out 9. 10. nd case of the petitioner, for promotions, while 11. On the other hand, this Court would also have to take fact that the promotion of the petitioner has been stalled from 2013 cognizance of the 12. In view of these facts, it would be Petition with a direction to the learned Judicial First Class appropriate to dispose of this Writ Magistrate, Adoni to dispose of C.C.No.500 of 2017, at the earliest and preferably within six (06) months from the date of receipt of this Order. 13. For the purposes of compliance of these directions, the learned Judicial First Class Magistrate, Adoni, is suo moto impleaded as 3"'^ respondent in the Writ Petition. 5 RRR,J & iSJ W.P.No.28746 of 2024 Accordingly, this Writ Petition is disposed of further promotion of the petitioner would be Needless to say, the considered on the basis of the result of C.C.No.500 of 2017. 15. There shall be no order as to costs. interlocutory applications pending, if any shall stand As a sequel closed. Sd/- K. SRINIVAS^AJU ASSISTANT REGISTRAR //true copy// SKtlON OFFICER To, Andhra Pradesh, At High Court of The Re'grstrar Administration Amaravathi, Principal District Judge, O/o Kurnool District. Judicial Magistrate of First Class, Adorn NARAHARI BABU, Advocate [OPUC] VIVEKANANDA .Advocate [OPUC] 1. Principal District Judge, Kurnool, 2. The 3. The 4. One CC to SRI P 5. OneCCtoSRIYN 6. Two CD Copies Nm (gsg) HIGH COURT DATED:23/06/2025 ORDER WP NO. 28746 OF 2024 f M Jin-2025 ^ . Current Section .m DISPOSING OF THE WP WITHOUT COSTS