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2025 DAILYLAW 54622 (AP)

Gogasani Srinivasu v. State of Andhra Pradesh

WP/26718/2025 · 2025-09-24

Nyapathy Vijay

body2025

Judgment text

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APHC010516632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26718/2025 Between: 1. GOGASANI SRINIVASU, S/O KRISHNA MURTHY, AGED 46 YRS R/O D NO. 68-8-600/1, PRATHIPATI VARI STREET, L R COLONY, MAIN ROAD, SANGADIGUNTA, GUNTUR, ANDHRA PRADESH - 522 003. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT AP SECRETARIAT, AMARAVATI ROAD, VELAGAPUDI, ANDHRA PRADESH 522503. 2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATIONCCLA, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, PALNADU DISTRICT. ...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 topleased 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 by considering the representation dated 09-09-2025 as arbitrary, illegal, unconstitutional and in violation of well settled principles of Natural 2 Justice and consequently direct the respondent the case of the petitioner for promotion to the post of Deputy Collector and to pass and to 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 pleased to direct the respondents to consider the petitioners representation dated 09-09-2025 pending disposal of the main Writ petition and to pass pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. GHANTA SRIDHAR Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.26718 of 2025 ORDER : In this writ petition, Petitioner is questioning non-consideration of his case for promotion to the post of Deputy Collector by consideration of his representation dated 09.09.2025. 2. Petitioner is presently working as Tahsildar, Dachepalli, Palnadu District. A show cause notice was issued by the District Collector on 17.02.2025 on the basis of orders passed by the Lokayoukta on Complaint No.3730/2017/B1. The Petitioner had given suitable reply and the issue is pending for consideration. While so, the Petitioner had submitted representation dated 09.09.2025 for consideration of his case for further promotion to the post of Deputy Collector as no charge memorandum or criminal case is pending as on date. 3. Learned Assistant Government Pleader, on instructions, submits that allegations against the Petitioners are grave in nature. It is stated that punishment was imposed on the Petitioner pursuant to the departmental enquiry of withholding of three annual increments with cumulative effect vide orders dated 08.05.2023. Later, the punishment was revised by the Government to withholding 4 of one annual grade increment with cumulative effect in the appeal filed by the Petitioner vide G.O.Rt.No.723, dated 11.07.2025 and as the order of the punishment is in vogue, the case of the Petitioner cannot be considered for promotion. It is also stated that the explanation of the Petitioner to the show cause notice is under active consideration and appropriate orders will be passed. 4. Heard Sri Ghanta Sridhar, learned counsel for the Petitioner and learned Government Pleader for Services-I. 5. As per the contentions of the respective counsel, no charge memorandum was issued to the Petitioner under A.P.C.S. (CCA) Rules as on date and in the absence of any charge memorandum, there appears to be no hindrance for the case of the Petitioner to be considered for promotion. 6. In view of the same, the writ petition is disposed of with the following direction: (i) The Respondents are directed to consider the representation of the Petitioner dated 09.09.2025, pending further orders. (ii) No order as to costs. 5 As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 25.09.2025 KLP