IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11584 OF 2025 Between: A Trimurthulu Reddy, S/o. A.Narayana Rao. Aged about 46 years, Occ; Divisional Manager, A.P. Forest Development Corporation Ltd. R.V.Nagar Division, A.S.R. District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Special Chief Secretary, Environment, Forest, Science And Technology, Department Secretariat Buildings, Velagapudi, Guntur District, 2. The Principal Chief Conservator of Forests, Head of Forest Force (HoFF), Aranya Bhavan, Mangalagiri, Guntur Andhra Pradesh. 3. The State of Andhra Pradesh, Rep by its Secretary, (Services), General Administration (GAD) department Secretariat Buildings, Velagapudii Guntur District. RESPONDENTS a.e.a 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 writ or order More in the nature of Writ of Mandamus declaring the action of the respondents in not considering for the promotion of the petitioner as Deputy Conservator of Forests without reference to the charge memos vide G.O.Rt.No.53 dt 09.06.2022 and G.O.Rt.No.10 Environment, Forests, Science & Technology (Sec.IV) Department dated- 03.01.2024, in accordance with the G.O.Rt. No 29 dated 09.04.2025 issued / y by the 1st respondent as illegal, arbitrary and violation of principles of natural justice and consequently to direct the respondents to accord further IFS promotion duly considering such notional seniority in the rank of DCF of State Forest Service and also direct the respondents to conclude the two charge memos within a fixed time frame. 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 to consider the petitioner for promotion as Deputy Conservator of Forests without reference to the charge memos vide G.O.Rt.No.53 dt 09.06.2022 and G.O.Rt.No.10 Environment, Forests, Science & Technology (Sec.lV) Department dated; 03.01.2024 in accordance with the G.O.Rt. No 29 dated 09.04.2025 issued by the 1st respondent. T '.. Counsel for the Petitioner: SRI PAMARTHI KAMESWARA RAO Counsel for the Respondent Nos. 1 & 2: GP FOR FORESTS Counsel for the Respondent No.3: GP FOR SERVICES I The Court made the following: ORDER APHC010233292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY. THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11584/2025 Between; A Trimurthulu Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.PAMARTHI KAMESWARA RAO Counsel for the Respondent(S): 1.GP FOR FORESTS 2.GP FOR SERVICES I 2 HCGR, J W.P.No.11584 of 2025 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 writ or order More in the nature of Writ of Mandamus declaring the action of the respondents in not considering for the promotion of the petitioner as Deputy Conservator of Forests without reference to the charge memos vide G.O.RtNo.53 dt 09.06.2022 and G.O.Rt.No.10 Environment Forests Science and Technology Sec IV Department dated 03.01.2024, in accordance with the G.O.Rt.No.29 dated 09.04.2025 issued by the 1^* respondent as illegal, arbitrary and violation of principles of natural justice and consequently to direct the respondents to accord further IFS promotion duly considering such notional seniority in the rank of DCF of State Forest Service and also direct the respondents to conclude the two charge memos within a fixed time frame and pass such other order or orders...” 2. Heard Sri Mr. Pamarthi Kameswara Rao, learned counsel for the petitioner, learned Government Pleader for Services - I for the respondents. 3. Petitioner is presently working as Divisional Manager and is stated to be eligible for promotion as Deputy Conservator of Forests. Petitioner has been issued charge memo vide G.O.Rt.No.53, dated 09.06.2022 with a sole Article of charge alleging that he was negligent in attending to duties and did not report the illegal mining activities in Compartment No.632 of Thotapalli Reserve Forest, which related to the period of 2015-2016, for which the petitioner has submitted explanation and enquiry is pending. Petitioner was again 3 HCGR, J W.P.No.11584 of2025 \ issued another charge memo vide G.O.Rt.No.10, dated 03.01.2024 with a sole Article of charge alleging that he was negligent in discharging duties in supervising and protecting Forest area of Lingamparthi Reserve Forest, which also related to the period of 2015-2016 and for which the petitioner submitted explanation and enquiry is stated to be pending. Respondent No. G.O.Rt.No.29 1 has issued dated 09.04.2025 by which Principal Chief Conservator of Forest has been asked to send proper proposals for promotion of petitioner, as Deputy Conservator of Forest on par with his seniors, to the Government. Petitioner’s considered for promotion. Aggrieved thereby, Petition is filed. case IS not being the present Writ 4. Learned counsel for the petitioner submits that this Court passed the case of the petitioner to Charge Memo and petitioner is also placed in same situation, similar orders be passed. considering similar circumstances, in W.P.No.7753/2025 orders directing Respondents to consider therein for promotion, without reference as 5. Admittedly, charge memos came to be issued vide based on certain period of 2015-2016. The Inquiry was appointed to inquiry into these allegations, is proceedings dated 09.06.2022 and 03.01.2024, allegations which related to the Officer, who 4 HCGR, J W.P.No.11584 of2025 seized of the matter. Since the proceedings are not concluded so far, and that persons, who are juniors to petitioner are considered for promotion, mere pendency of aforesaid proceedings could not prejudice petitioner prospects for promotion. Learned counsel for the petitioner relies on the order of the Division Bench of High Court of Judicature, Andhra Pradesh at Hyderabad, in Government of A.P., represented by its Principal Secretary, Revenue Department, and another Vs.A. Rajeswara ReddyV Wherein the Court dealt with a similar cases and held that according to G.O.Rt.No.53, dated 09.06.2022 and G.O.Rt.No.10, dated 03.01.2024, the departmental proceedings have to be completed within 6 months, in complicated cases and 3 months in simple cases, promotions of the candidates cannot be deferred the ground that in cases where departmental proceedings are pending beyond that period. 6. I on 7. Even the Government later issued G.O.Ms.No.91, dated 12.09.2022 reiterating the timelines specified in G.O.Ms.No.679, dated 01.11.2008. Hence, in view of the above, the present Writ Petition is disposed of, directing the respondents to consider the case of the 8. 2010(4) ALT374(D.B) 5 hcgr, j W.P.No.n584of2025 petitioner for promotion without reference pending against him. „ is, however, made clear would be subject to the also directed to preferably within be no order as to costs. to the charge memos that the promotion i-esult of the inquiry. The respondents are complete the iinquiry as expeditiously as possible, today. There shall a period of six (06) months from As a sequel, stand closed. miscellaneous petitions pending if any, shall Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// I To, k\ SECTION OFFICER and . Guntur 3. fff SeLta“«BlIlingrvltega°pu"dtGUu?’^^^^^ (GAD) department 4. One CC to Sri Pamarthi Kameswara 5. Two CCs to GP for Forests, 6. Two CCs to GP for Services I, 7. Three CD Copies Rao Advocate fOPUCJ High Court of Andhra Pradesh. [OUT] ■- High Court of Andhra Pradesh. [OUT] TF < > HIGH COURT \ DATED;01/05/2025 \ ORDER WP.No.11584 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS