APHC010619832023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31910/2023 Between: 1. INTURI VENKATA RAMAIAH, S/O BIKSHALU AGED ABOUT 60 YEARS, WORKING AS SENIOR ASSISTANT, CHILAKALURIPET MUNICIPALITY R/O D.NO.2-240/1, 2ND LANE, SAMBISAVA NAGAR, CHILAKALURIPET, PALNADU DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADIMINSTRATION, , GOVERNMENT OF A.P., TADEPALLI, GUNTUR DISTRICT. 3. REGIONAL DIRECTOR, , MUNICIPAL ADMINISTRATION, TADEPALLI, GUNTUR DISTRICT. 4. CHILAKALURIPET MUNICIPALITY, REP. BY ITS COMMISSIONER CHILAKALURIPET, PALNADU 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, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2ND respondent herein in SRS,J W.P.No.31910 of 2023 not considering the representation dt.23-9-2019 for referring to the Departmental Promotion Committee for giving promotion to next higher category to the petitioner without references of ACB Case in C.C.No.1/2016 on the file of the court of the Special Judge for SPE AND ACB Cases, Vijayawada pending against him in pursuance of the G.O.Ms.No.257, Dt. 10- 6- 1999 issued by the respondent is illegal, arbitrary and violative of principals of natural justice and consequently direct the 2 ND respondent herein to consider the representation dt.23-9-2019 forthwith and to pass IA NO: 1 OF 2023 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 2ND respondent herein to refer the petitioner’s candidature to DPC for considering the promotion to next higher category by considering the representation dt.23-9-2019 as well as recommendation of proceedings of the 3RD respondent herein Roc.No.256040/2019/A2, dt.19-12-2019 forthwith pending disposal of the above writ petition in the interests of justice. Counsel for the Petitioner: 1. G V S MEHAR KUMAR Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: :: ORDER :: The petitioner, Senior Assistant, Chilakaluripet Municipality, filed the above writ petition to declare the action of respondent authorities in not considering his case for promotion, due to pendency of criminal case vide C.C.No.1 of 2016 on the file of learned Special Judge for SPR & ACB Cases, Vijayawada, as illegal and arbitrary. 2. Heard learned counsel appearing on either side. Page 3 of 4 SRS,J W.P.No.31910 of 2023 3. A case in Cr.No.47/RCT-ACB-VJA/2013, for the offence punishable under Section 7, 13(2) r/w 13(1) (D) of Prevention of Corruption Act, 1988 was registered against the petitioner by Anti-Corruption Bureau represented by its Deputy Superintendent of Police. Later, a charge sheet was filed on the file of the learned Special Judge for SPR & ACB Cases, Vijayawada and the same was numbered as C.C.No.1 of 2016. 4. Learned counsel for the petitioner would submit that though the petitioner is eligible for promotion, the respondent authorities are not considering the case of the petitioner due to pendency of aforementioned criminal case. 5. Learned Assistant Government Pleader for Services would submit that respondent authorities will consider the case of the petitioner for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. Learned counsel for the petitioner endorsed the same. 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing the respondent No.2 to consider the case of the petitioner for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, if the petitioner’s case is in the zone of consideration, as and when the DPC is constituted. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 07.01.2025 TVN SRS,J W.P.No.31910 of 2023 203 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.31910 OF 2023 Date : 07.01.2025 TVN