1 APHC010513662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27206/2025 Between: 1. ALAJANGI VIJAYA PRASAD,, S/O. LATE CHINNAYYA, AGED 54 OCC HEAD CONSTABLE, R/O.RAJAM TOWN, VIZIANAGARAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, DEPARTMENT OF HOME REP.BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF A.P, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR. 3. THE SUPERINTENDENT OF POLICE, VIZIANAGARAM DISTRICT. 4. THE SUPERINTENDENT OF POLICE, SRIKAKULAM DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. POSANI AKASH Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.27206 of 2025 ORDER: The present writ petition is filed questioning the action of Respondent Nos.3 and 4 in not promoting the Petitioner to the post of Assistant Sub-Inspector of Police (ASI) with retrospective effect and in not releasing the promotional increments during suspension period, as illegal and arbitrary. 2. The facts leading to filing of the writ petition are as follows: The Petitioner was appointed as Police Constable and was further promoted as Head Constable on 15.08.2012. While so, a criminal case was registered on 19.03.2014 for the offence under Section 13(1)(d) read with 13(2) of Prevention of Corruption Act by the ACB and the Petitioner was remanded to judicial custody. In view of the criminal case, the Respondent No.2 had initially placed the Petitioner under suspension and subsequently, the suspension was revoked. The criminal case was taking cognizance by the Special Judge for SPE and ACB Cases, Visakhapatnam and the same was numbered as C.C.No.13 of 2015. The Special Court after thorough trial, pronounced its judgment on 30.09.2023 acquitting the Petitioner from the charge. 4 3. The grievance of the Petitioner is that due to the pendency of the criminal case, the Petitioner was not considered for promotion to the post of Assistant Sub-Inspector of Police and the annual increments were not paid to him apart from the arrears of pay for the suspension period. 4. Learned counsel for the Petitioner relied upon a memo vide C.No.4079/A4/2023-24, dated 19.01.2024 issued by Respondent No.3, wherein it was stated that the special grade increment would be considered after disposal of the criminal case and in spite of the representation of the Petitioner, the same was not being granted. 5. Sri S.Raju, learned Assistant Government Pleader, would submit that the judgment dated 30.09.2023 in C.C.No.13 of 2015 on the file of the Special Judge for SPE and ACB Cases, Visakhapatnam would be examined and appropriate decision would be taken with regard to the promotion of the Petitioner to the post of Assistant Sub-Inspector of Police from the date his juniors were promoted as well as the other reliefs claimed by the Petitioner. 5 6. Considering the submissions made, the Writ Petition is disposed of with the following directions: i. The Respondents shall examine the case of the Petitioner for promotion to the post of the Assistant Sub- Inspector of Police (ASI) from the date his juniors were promoted. ii. The Respondents shall also consider in releasing the promotional increments to the Petitioner from the due date apart from increments during the period of suspension. iii. The Respondents shall complete the above exercise within a period of four (4) months from the date of receipt of a copy of this order. iv. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY Date: 07.10.2025 Ivd 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.27206 of 2025 Dated: 07.10.2025 Ivd