APHC010652182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 33831/2025 Between: K Rami Reddy ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SRINIVASA RAO BODDULURI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.33831 of 2025 O R DE R: 1. In this Writ Petition, the Petitioner is seeking a direction to the Respondents to consider his case for promotion to the post of Deputy Assistant Commissioner (ST) in the light of the interim order passed by this Court in W.P. No. 18803 of 2025 suspending the punishment of withholding of two annual grade increments without cumulative effect vide G.O.Rt.No.340 Revenue (Vigilance-VI) Department, dated 23.04.2025. 2. The Petitioner is working as an Assistant Commercial Tax Officer, and the next available promotion for the Petitioner is Deputy Assistant Commissioner. While so, a Departmental Enquiry was initiated against the Petitioner pursuant to a surprise check conducted on 20.01.2016 at the integrated check post, B.V.Palem, Tada Mandal. On the basis of the recovery of the amount from the Petitioner at the time of the surprise check, a disciplinary action was initiated, which culminated in imposing the punishment of stoppage of two annual grade increments without cumulative effect. 3 Questioning the same, W.P.No.18803 of 2025 was filed. 3. This Court, after hearing the respective counsel, passed an interim order suspending the punishment imposed on the Petitioner. The relevant portion of the interim order, dated 22.07.2025, is extracted below: “The finding in the enquiry report was that the Petitioner after completion of the duty while leaving the check post was confronted by the ACB Officials and on checking, no personal cash was found. In spite of the same, the charge against the Petitioner was sustained. Secondly, the impugned punishment was passed by the G.O.Rt.No.340 (Vig-VI) Revenue Department, dated 23.04.2025. Considering the nature of the charge and finding in the enquiry report stating that the Petitioner was on his way back home after completion of the duty, the imposition of penalty appears to be prima facie unwarranted. Therefore, there shall be an interim suspension of the G.O.Rt.No.340 dated 23.04.2025 for a period of eight weeks”. 4. Sri S. Raju, learned Assistant Government Pleader appearing for Services-I would submit that the case of the Petitioner would be considered after perusing the ACRs of the Petitioner and appropriate decision will be taken. 5. Heard the respective counsel. 6. As the punishment imposed on the Petitioner was suspended by this Court in W.P. No. 18803 of 2025 by way 4 of interim order, there is no hindrance for the Respondent authorities to consider the case of the Petitioner for promotion to the post of Deputy Assistant Commissioner (ST). 7. Accordingly, the Writ Petition is disposed of with following directions: i) The Respondents shall consider the case of Petitioner for promotion without reference to the punishment imposed vide G.O.Rt.No.340 Revenue (Vigilance-VI) Department, dated 23.04.2025. ii) . There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed __________________ NYAPATHY VIJAY, J Date: 05.12.2025 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 33831/2025 Dt. 05.12.2025 eha