APHC010514642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26859/2025 Between: 1. SHAIK SHAFI AHAMED, S/O LATE SHAIK MAHABOOB BASHA, AGED ABOUT 46 YEARS, R/O. NO.34.64.591, SUJATHANAGAR-11TH LINE, ONGOLE, PRAKASAM DISTRICT, WORKING AS DEPUTY TAHSILDAR, O/O THE DISTRICT COLLECTOR, BAPATL ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH- 522503, 2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE COLLECTOR AND DISTRICT MAGISTRATE, PRAKASAM DISTRICT, ONGOLE, 4. THE COLLECTOR AND DISTRICT, MAGISTRATE, BAPATLA DISTRICT, BAPATLA ...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 or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents herein in not concluding the departmental Procgs. File No. REVBPT-EST/2/2003-A2/2023-A2-EST-COLBPTL, 2 dt.10-1-2023 pursuant to the enquiry report, dt.6-5-2025 and also in not promoting the petitioner to the post of Tahsildar on par with his juniors in the existing available vacancy without reference of the pendency of the said departmental proceeding as illegal, arbitrary and unjust. Consequently direct the respondents to promote petitioner on par with his juniors on adhoc basis without reference to the said departmental proceeding and further direct the 2nd respondent to conclude the departmental proceedings forthwith pursuant to the enquiry report, dt.6-5- 2025 and to 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 to direct the respondents herein to consider the case of the petitioner for adhoc promotion to the post of Tahsildar on par with his juniors in the existing available vacancy without reference to the Departmental Procgs.File No. REVBPT- EST/2/2003-A2/2023-A2-EST-COLBPTL, dt.10-1-2023 pending disposal of the above writ petition and to pass such other order. Counsel for the Petitioner: 1. S A RAZAK Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.26859 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of Respondents in not concluding the departmental enquiry vide Procgs.File No. REVBPT-EST/2/2003-A2/2023-A2-EST-COLBPTL, dated 10.01.2023 and not promoting the Petitioner to the post of Tahsildar on par with his juniors. 2. The Petitioner was working as Deputy Tahsildar since the year 2015. While so, a disciplinary action was initiated against the Petitioner on 10.01.2023. Pursuant to the enquiry, Respondent No.4 imposed a major penalty of punishment of stoppage of two (2) annual increments with cumulative effect vide Proceedings, dated 16.08.2023. In the appeal filed thereon, the C.C.L.A set-aside the order of punishment and remanded back to Respondent No.4 for further enquiry. 3. Thereafter, an enquiry officer had been appointed and enquiry was conducted, wherein the enquiry officer opined in his report that the charge against the Petitioner is not proved. As no further action is being taken leading to the Petitioner not being considered for 4 promotion to the post of Tahsildar, the present Writ Petition came to be filed. 4. Sri Sahik Abdul Kalam Riyaz, proxy counsel for Sri S.A. Razzaak, learned counsel for the Petitioner submits that the case of the Petitioner may be considered for promotion in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 5. Learned Assistant Government Pleader submits that the enquiry would be concluded, as expeditiously as possible, and the case of the Petitioner for promotion would be considered in terms of G.O.Ms.No.257, dated 10.06.1999. 6. Having heard the respective counsel, the present Writ Petition is disposed of with the following directions; (i) The Respondents are directed to consider the Petitioner’s case for promotion to the post of Tahsildar subject to the Petitioner possessing requisite qualification in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 duly taking note of the enquiry report where the charges against the Petitioner were said to be held to be not proved; 5 (ii) The Respondents are also directed to conclude the enquiry pending against the Petitioner, as expeditiously as possible; (ii) There shall be no order as to costs. 7. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 26.09.2025 IS 6 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.26859 of 2025 Date: 26.09.2025 IS