IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12060 OF 2025 Between: K Seshu Kumar, S/o Venkateswarlu late, aged 47 years, Occ: Office Superintendent, O/o Chief Commissioner, State Tax (ST), Kunchanapalii, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (CT-III) Department, Secretariat, Velagapudi, Guntur District. 2. The Chief Commissioner, State Tax (ST) Department, Stage of Andhra Pradesh, State of Andhra Pradesh, Kunchanapalii, Guntur District. ...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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents herein in not concluding the departmental enquiry, following the Charge Memo issued vide CCST’s File No.REV03-19021(42)/9/2022-VIG-CCT- 4 Part (1), dated 10.03.2023 as per the instructions issued in para 5 of G.O.Ms.No.91, GAD dated 12.09.2022 as illegal arbitrary and volition of above instructions and consequently, the Hon’ble Court pleased aside the impugned charge memo dated 10.03.2023, v\/ith to set a further direction by declaring the petitioner is entitle for promotion from the post of Office Superintendent to Superintend Gr-I, as per final seniority list of Office Superintendent prepared Ref.No.C2/2/2018, dated 12.03.2021. vide proceedings CCSTs lA 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 may be pleased to direct the respondents herein to consider the petitioner’s case for promotion from the post of Office Superintendent Superintend Gr-I to as per final seniority list prepared vide proceedings CCSTs Ref.No.C2/2/2018, dated 12.03.2021 without reference to the impugned Charge Memo Vide CCST’s File No.REV03-19021(42)/9/2022- VIG-CCT-Part (1), dated 10.03.2023, pending disposal of the writ petition. Counsel for the Petitioner: SRI M R TAGORE Counsel for the Respondents: AGP FOR SERVICES - II The Court made the following: APHC010237852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] rrjs r ^ - lb r. TUESDAY. THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12060/2025 Between: K Seshu Kumar ...PETITIONER AND I Mc: wj /~\riwM!ci riduc:^!! r>r— ...TMzorujNucrj i Counsel for the Petitioner: 1.M R TAGORE Counsel for the Respondent: 1. I 2 A HCGR.J W.P.No.l2060of2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s;- “...to issue a writ or writs more particularly in the nature of writ of mandamus by declaring the acting of the respondents herein in not concluding the departmental enquiry, following the Charge Memo issued vide CCST’s File NO.REV03-19021(42)/9/2022- VIG-CCT-Part(l), dated 10.03.2023 as per the instructions issued 5 of G.O.Ms.No.91, GAD dated 12.09.2022 as illegal, in para arbitrary and violation of above instructions and consequently, the Hon’ble Court pleased to set aside the impugned charge memo dated 10.03.2023, with a further direction by declaring the petitioner is entitle for promotion from the post of Office Superintendent to Superintend Gr-I, as per final seniority list of Officer Superintendent prepared vide proceeding CCSTs Ref.No C2/2/2018, dated 12.03.2021 and pass such other order or orders.... Heard Sri M.R.Tagore, learned counsel for the petitioner, learned Assistant Government Pleader for Services-ll for 2. respondents. Petitioner is presently working as Office Superintendent and is due for promotion to the post of Superintendent Grade-I. He was issued charge memo dated 10.03.2023 for the allegation that he participated in Dharna on 27.12.2022, in the Office chambers of Additional Commissioner, which is stated to be violation of service regulations. Petitioner has submitted explanation and thereafter. Inquiry Officer submitted report on 24.01.2024 holding that charges are proved. Petitioner was thereafter issued show cause notice dated 13.02.2024, enclosing copy of inquiry report, and called upon 3. 3 HCGRJ W.P.No.l2060of2025 submitted explanation to submit explanation. Petitioner has 03.04.2024. However on so far, no further action has been taken, .As per the integrated seniority list in the cadre of Superintendent , finalized on 12.03.2021, as petitioner stood at serial No.7. Therefore, zone of consideration for petitioner is stated to be falling under the promotion. But for the pendency of aforesaid is not being considered. proceedings, his case 4. Learned counsel for the petitioner places reliance on the orders passed by this Court in W.P.No.9859 of 2025 dated 17.04.2025 and prays to pass similar order. Wherein, this Court has case of petitioner therein for General Administration directed to consider the promotion in terms of G.O.Ms.No.257, Department, dated 10.06.1999. (Ser.C) 5. Learned Assistant Government respondents submits that petitioner’s case is not being considered for Pleader appearing for disciplinary proceedings are pending promotion. However, his case would be considered in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated as 10.06.1999. 6. Admittedly, in the present completed and petitioner explanation, which was submitted case, though inquiry has been was issued show cause notice to submit as way back on 03.04.2024, so far inquiry has not reached logical end. For such delay, petitioner 4 HCGR.J W.P.No.12060 0/2025 cannot made to suffer and penalize and in particular petitioner 4' cannot be denied promotion on such ground. 7. In view of the same, present Writ Petition is disposed of, directing respondents to consider petitioner’s case for promotion to the post of Superintendent Grade-I, in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999 without reference to the ongoing disciplinary proceedings, if he falls under zone of consideration and fulfill all requisite qualifications. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- A. VIJAYA BABU ASSISTANT.REGISTRAR I //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Revenue (CT-III) Department, Secretariat, Velagapudi, Guntur District. 2. The Chief Commissioner, State Tax (ST) Department, Stage of Andhra Pradesh, State of Andhra Pradesh, Kunchanapalli, Guntur District. 3. One CC to SRI. M R TAGORE Advocate [OPUC] 4. Two CCs to GP FOR SERVICES - II, High Court of Andhra Pradesh [OUT] 5. Three CD Copies sree a, HIGH COURT DATED;06/05/2025 ORDER WP.No.12060 of 2025 % /O 0 3 m 2025 f Current lieciion DISPOSING OF THE W.P WITHOUT COSTS