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2025 DAILYLAW 54090 (AP)

G VENKATESU v. THE STATE OF ANDHRA PRADESH

WP/28462/2025 · 2025-10-14

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010548362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28462/2025 Between: 1. G VENKATESU, S/O TIRUMALADASU AGED ABOUT 42 YEARS WORKING AS TAHSILDAR, HINDUPUR SRI SATYA SAI DISTRICT, A.P ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. PRINCIPAL SECRETORY REVENUE (SER. I) DEPT. SECRETARIATE BUILDINGS, VELAGAPUDI AMARAVATI, GUNTUR 2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION COLA, MANGALAGIRI, GUNTUR DISTRICT ANDHRA PRADESH 3. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL. ...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 pleased to issue appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in not considering the case of the petitioner for promotion in accordance with G.O.Ms.No.257 dt.10-06-1999 as arbitrary, illegal, unconstitutional and in violation of well settled principles of 2 Natural Justice and consequently direct the respondent to consider the case of the petitioner for promotion to Deputy Collector without reference to the pending Disciplinary proceedings and to pass such other order. 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 petitioners case for promotion to the post of Deputy Collector without having regard to the pending disciplinary proceedings pending disposal of the above writ petition and to pass such other order. Counsel for the Petitioner: 1. GHANTA SRIDHAR 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.28462 of 2025 ORDER: 1. The present Writ Petition is filed to declare the action of the Respondents in not considering the case of Petitioner for promotion in accordance with G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999, as arbitrary and illegal. 2. The Petitioner was initially appointed as Tahsildar in the year 2009 and thereafter promoted as Tahsildar in the panel year 2012-2013 in Zone-IV. While the Petitioner was working as Administrative Officer in Kurnool District based on the news published in Eenadu daily newspaper on 20.08.2023 alleging that the Petitioner was collecting amounts for transfers, compassionate appointments, postings and drawing amounts for presenting bogus bills etc., and apart from that the Petitioner availed leave from 19.08.2023 to 27.09.2023, the Petitioner was suspended by Respondent No.3 vide Proceedings, dated 21.08.2023 pending disciplinary proceedings. 3. It is further contended that one Smt. Rama, Special Deputy Collector was appointed as Enquiry Officer vide order, dated 06.11.2023 by Respondent No.3. Thereafter, the Petitioner approached CCLA against the suspension order and the CCLA after considering the Appeal 4 revoked the suspension order of the Petitioner and he was reinstated into the service pending disciplinary enquiry. 4. It is further contended that the Petitioner has been discharging his duties as Tahsildar, Madakasira vide orders, dated 19.02.2024 and thereafter as Tahsildar of Hindupur without any complaint. The Petitioner further contended that as the previous Enquiry Officer did not complete the enquiry, the Special Collector, Kurnool was appointed as another Enquiry Officer on 01.06.2025. However, there is no progress in the disciplinary enquiry and the Respondents are not considering the case of the Petitioner for promotion though he is eligible to be considered for the post of Deputy Collector. 5. The Petitioner submitted a detailed representation on 13.08.2025 to the Respondents requesting to consider his case for promotion at least on adhoc basis in accordance with G.O.Ms.No.257, dated 10.06.1999. It is further contended that the Petitioner is apprehending that the Respondents may not consider his case only on the ground that the disciplinary proceedings are pending. Hence, the present Writ Petition came to be filed. 6. Sri Ghanta Rama Rao, learned counsel representing Mr. Ghanta Sridhar, learned counsel for the Petitioner submits that the case of the Petitioner may be considered for promotion in terms of 5 G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. 7. Learned Assistant Government Pleader submits that the enquiry would be concluded, as expeditiously as possible, and the case of the Petitioner for promotion would be considered in terms of G.O.Ms.No.257, dated 10.06.1999. 8. Having heard the respective counsel, the present Writ Petition is disposed of with the following directions; (i) The Respondents are directed to consider the Petitioner’s case for promotion to the post of Deputy Collector subject to the Petitioner possessing requisite qualification in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 (ii) There shall be no order as to costs. 9. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 15.10.2025 IS 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.28462 of 2025 Date: 15.10.2025 IS