APHC010043392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2529/2025 Between: 1. J MADDILETI, S/O J MADDILETI, AGED ABOUT 48 YEARS, WORKING AS ASSISTANT LINEMEN NANDYALA RURAL SECTION, ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LIMITED, NANDYALA, NANDYALA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPLE SECRETARY, ENERGY, INFRASTRUCTURE AND INVESTMENT (VIGILANCE) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI CAPITAL CITY, GUNTUR DISTRICT. 2. ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LIMITED, REP., BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, D.NO. 19-13-65/A, KESAVAYANAGUNTA, TIRUPATI. 3. THE SUPERINTENDING ENGINEER OPERATIONS, APSPDCL, NANDYALA. 4. THE DIVISIONAL ENGINEER OPERATIONS, APSPDCL, NANDYALA. 5. THE EXECUTIVE ENGINEER OPERATIONS, APSPDCL, NANDYALA ...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 SRS,J W.P.No.2529 of 2025 pleased to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in not considering case of the petitioner for promotion to the post of Linemen, on the ground that the Charge Sheet vide C.C.No.14/2019 on the file of the Hon'ble Special Judge For Trial of SPE and ACB cases, Kurnool under the provisions of the Prevention of Corruption Act, is pending, though the petitioner is eligible and qualified and vacancies are available, as arbitrary, illegal, in violation of Article 14 and 16 of the Constitution of India and consequently direct the Respondents to consider the case of the Petitioner for promotion to the post of Linemen without reference to the pendency of Charge Sheet vide C.C.No.14/2019 on the file of the Hon'ble Special Judge For Trial of SPE and ACB cases, Kurnool under the provisions of the Prevention of Corruption Act in the light of G.O.Ms.No.257, General Administration (Ser.C) Department dated 10-06-1999 and pass 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 to consider the case of the Petitioner for promotion to the post of Linemen without reference to the pendency of Charge Sheet vide C.C.No. 14/2019 on the file of the Hon'ble Special Judge For Trial of SPE & ACB cases, Kurnool under the provisions of the Prevention of Corruption Act, in the light of G.O.Ms.No.257, General Administration (Ser.C) Department dated 10-06-1999 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. SUBBA RAO KORRAPATI Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. GP FOR SERVICES I SRS,J W.P.No.2529 of 2025 The Court made the following: :: ORDER :: The petitioner, Assistant Linemen, Nandyal Rural Section, APSPDCL, filed the above writ petition to declare the action of respondent authorities in not considering his case for promotion, due to the pendency of a criminal case vide C.C.No.14 of 2019, on the file of the learned Special Judge for Trial of SPE & ACB Cases, Kurnool, as illegal and arbitrary. 2. Heard Sri Sohith Chandra, learned counsel for the petitioner and Sri K.V. Rama Rao, learned Standing Counsel appeared for respondents 2 to 5. 3. The petitioner was appointed as a Junior Linemen in the then Central Power Distribution Company of Andhra Pradesh by memo No.DEE/O/NDL/ADM/JAO/C1/D.No.1969/07, dated 17.10.2007 (Ex.P1). After bifurcation of the State of Andhra Pradesh, the petitioner came under the control of respondent No.2. Respondent No.4 vide memo No.DEE/O/NDL/ADM/JAO/C1/D.No.956/13, dated 01.06.2013 (Ex.P2), prepared provisional seniority list of O&M Establishment i.e. Line Inspector, Linemen, Assistant Linemen, Junior Linemen, Linemen Driver & Cleaner as on 01.06.2013, wherein the name of the petitioner was shown at S.No.62. 4. A criminal case vide Cr.No.13/RCT-KUR/2017 for the offence punishable under Sections 7, 13(2) r/w 13(1) (d) of Prevention of Corruption Act, 1988 and Section 12 of PC Act 1988, Section 201 r/w 511 of IPC was registered against the petitioner and another, wherein the petitioner was shown as accused No.2. The ACB officials filed a charge sheet on the file of the learned Special Judge for Trial of SPE & ACB Cases, Kurnool and the same was numbered as C.C.No.14 of 2019. The trial in the criminal case was commenced. Due to the pendency of the aforementioned criminal case, the SRS,J W.P.No.2529 of 2025 respondent authorities are not considering the case of the petitioner for promotion. 5. At the hearing, learned counsel for the petitioner would confine his arguments and urge to direct the respondent authorities to consider the case of the petitioner for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 6. Sri K.V. Rama Rao, learned Standing Counsel did not refute the submission made by learned counsel for the petitioner. 7. In fact, as seen from the material available on record, the petitioner also made a representation dated 08.09.2023, requesting the authorities to consider his case for promotion. 8. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing respondents 4 & 5 to consider the case of the petitioner for promotion, strictly in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, if the petitioner’s case is in the zone of consideration, as and when the DPC is constituted. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 20.02.2025 TVN SRS,J W.P.No.2529 of 2025 448 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.2529 OF 2025 Date : 06.02.2025 TVN