1 APHC010717102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36612/2025 Between: Sake Raja Sekhar ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K ANJANA RAMA KAMESWARI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36612/2025 The present Writ Petition is filed questioning the Order issued vide R.C.No.A1/115/2007, dated 15.12.2025, rejecting the case of the Petitioner for promotion as illegal and arbitrary. 2. The Petitioner is working as Senior Assistant-cum-Assistant Executive Engineer in Commercial Tax Department and is due for promotion to the post of Goods and Services Tax Officer (GSTO). A criminal case was registered against the Petitioner by the A.C.B officials in connection with a trap case in Cr.No.2/RCT-ATP/2023 of ACB Anantapuramu Range under Section 7 of the Prevention of Corruption (Amendment) Act, 2018. 3. As the case of the Petitioner is not being considered for promotion to the said post, the Petitioner filed W.P.No.11688 of 2025 and this Court by order dated 02.05.2025 directed the respondents therein to consider the case of the Petitioner in terms of G.O.Ms.No.257 G.M (SER.C) Dept, dated 10.06.1999. Pursuant thereto, the impugned Order came to be passed rejecting the claim of the Petitioner for promotion after referring to G.O.Ms.No.424, GA (Ser.C) dated 25.05.1976 r/w para 6 of 3 G.O.Ms.No.257, dated 10.06.1999. 3. Learned counsel for the Petitioner submits that no charge sheet is filed in the criminal case and no departmental proceedings are initiated against the Petitioner, and in the absence of issuance of charge sheet in the criminal case or in the departmental proceedings, there is no bar for consideration of the case of the Petitioner for promotion to the said post. 4. Learned Assistant Government Pleader for Service-I submits that the case of the Petitioner would be considered for promotion subject to confirmation of non filing of the charge sheet in the criminal case. 5. Heard the respective counsel. 6. The bar for consideration of the case of the Petitioner for promotion is only after a charge sheet is issued either in the Criminal case or in the departmental proceedings. This is explicitly stated in 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 4 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 the present case, as it is stated that no charge sheet is filed in the Criminal Case or in the Departmental Proceedings, there is no bar for consideration of the case of the Petitioner for promotion as Goods and Services Tax Officer (GSTO). 8. In that view, the Writ Petition is disposed of with a following direction: i) The Respondents are directed to consider the case of the Petitioner to the post of ‘Goods and Services Tax Officer (GSTO)’, provided that the Petitioner is in the zone of consideration and subject to confirmation of non-filing of charge sheet in the Criminal case i.e., Cr.No.2/RCT-ATP/2023. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY Date: 31.12.2025 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.36612/2025 Dated 31.12.2025 eha