’i \ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATl WRIT PETITION NO: 3125 OF 2025 Between: B.Jagannadha Rao, S/o Atchyutha ramaiah, aged 60 Director, Mines and Geology, Visakhapatnam, Vallabha Heights, 8th Lane, Syamala Nagar, Guntur - 522006. years, working as Dy. R/o. Flat No.9, Lakshmi ...PETITIONER AND 1. The State of Andhra Pradesh, and Commerce (Mines and Geology) Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The Director of Mines and Geology, Sri Anjaneya Towers, B Block, 6th and 5th floor, Ibrahimpatnam, N.T.R District. rep by its Principal Secretary, Industries ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ Order or Direction may more particularly one in the nature of Writ of mandamus to declare the denying the candidature of the action of the respondents in petitioner for promotion to the post of Joint Director from the category of Dy. Director merely on the ground of pendency of unconcluded Charge Memo in G.O. Rt. No. 27 Industries and Commerce (Vigilance) Department Dated 9-2-2022, issued by the 1st respondent (for the incident relates to the year 2015) pending without any progress contrary to the existing G.O. Ms.No.679 GAD datedi GAD Dated 12-9-2022. -11-2008 and G.O.Ms.No.91, and to give promotion to the petitioner with ^ retrospective effect from the date from which their juniors were promoted as per 2018-19 DPC and 2019-20 DPC in which the petitioner was not considered and also causing much prejudice to the petitioner in getting his legitimate promotion, as illegal arbitrary discrimination and in violation of principles of natural justice, consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Joint Director in the existing (4) vacancies, without reference to the pending Charge Memo dated 9-2-2022 issued by the 1st respondent, by kindly extending the similar orders passed in W.P.No.18195 of 2023. dated 31-7-2023 and W.P.No. 2661 of 2024, dated 6-2- 2024 and 2010(4) ALT 374 (D.B). lA 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 bd pleased to direct the respondents to consider the candidature of the petitioner for promotion to the post of Joint Director M&G in the existing vacancy, without reference to the pending Charge Memo G.O.Rt.No.27 Dated: 9-2-2022, issued by the 1st respondent and on the same analogy of similar orders passed in W.P.No.2661 of 2024, dated: 6-2-2024, and W.P.No.18195 of 2023, dated: 31-7- 2023, pending disposal of the above writ petition. Counsel for the Petitioner: SRI CH VENKATA CHALLA RAO Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES II The Court made the following: ORDER APHC010058562025 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: 3125/2025 Between: 1.B.JAGANNADHA RAO YEARS, VISAKHAPATNAM, HEIGHTS, 8TH LANE, SYAMALA NAGAR, GUNTUR - 522006. S/0 ATCHYUTHA RAMAIAH, AGED 60 WORKING AS DY. DIRECTOR, MINES AND GEOLOGY, R/0. FLAT N0.9, LAKSHMI VALLABHA ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE GEOLOGY) DEPARTMENT, A.P. SECRETARIAT GUNTUR DISTRICT. (MINES AND VELAGAPUDI, 2.THE DIRECTOR OF MINES AND GEOLOGY, SRI ANJANEYA TOWERS, B BLOCK, 6TH AND 5TH FLOOR, IBRAHIMPATNAM, N.T.R 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 to issue a Writ Order or Direction more particularly one in the nature of Writ of mandamus to declare the action of the respondents in denying the candidature of the petitioner for promotion to the post of Joint Director from the category of Dy. Director merely on the ground of pendency of unconcluded Charge Memo in G.O. Rt. No. 27 Industries and Commerce (Vigilance) Department Dated 9-2-2022, issued by the 1st respondent for the incident relates to the year 2015) pending without any progress contrary to the SRS,J W.P.No.3125of2025 existing G.O. Ms.No.679 GAD dated1-11-2008 and G.O.Ms.No.91, GAD Dated 12-9-2022. and to give promotion to the petitioner with retrospective effect from the date from which their juniors were promoted as per 2018-19 DPC and 2019-20 DPC in which the petitioner was not considered and also causing much prejudice to the petitioner in getting his legitimate promotion, as illegal arbitrary discrimination and in violation of principles of natural justice, consequently direct the respondents to consider the candidature of the petitioner for promotion to the post of Joint Director in the existing (4) vacancies, without reference to the pending Charge Memo dated 9-2-2022 issued by the 1st respondent, by kindly extending the similar orders passed in W.P.No. 18195 of 2023. dated 31-7-2023 and W.P.No. 2661 of 2024, dated 6-2- 2024 and 2010(4) ALT 374 (D.B) and to pass lA 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 may be pleased to direct the respondents to consider the candidature of the petitioner for promotion to the post of Joint Director M&G in the existing vacancy, without reference to the pending Charge Memo G.O.Rt.No.27 Dated: 9-2-2022, issued by the 1st respondent and on the same analogy of similar orders passed in W.P.No. 2661 of 2024, dated: 6-2-2024, and W.P.No. 18195 of 2023, dated: 31-7- 2023, pending disposal of the above "writ petition and pass Counsel for the Petitioner: 1 .CH VENKATA CHALLA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of the respondent authorities in denying the candidature of the petitioner for promotion to the post of Joint Director from the cadre of Deputy Director, due to pendency of SRS,J W.P.No.3125 of 2025 the charge memo issued by the respondent No.1 vide G.O.Rt.No.27 Industries & Commerce (Vigilance) Department, dated 09.02.2022, as illegal and arbitrary and contrary to G.O.Ms.No.679 General Administration (Ser.C) Department, dated 01.11.2008 and G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022. Heard Sri Ch. Venkata Challarao, learned counsel for the petitioner and learned Assistant Government Pleader for Services appeared for the respondents. 2. A charge memo vide G.O.Rt.No.27 Industries & Commerce (Vigilance) Department, dated 09.02.2022 (Ex.P13), was issued to the petitioner. The petitioner submitted an explanation dated on 01.09.2023. However, the inquiry has not been concluded so far. 3. Learned counsel for the petitioner would submit that though the petitioner is eligible for promotion, the respondent authorities are not considering the petitioner’s case for promotion, due to the pendency of the aforementioned charge memo. 4. Learned Assistant Government Pleader would submit that the respondent authorities will conclude the inquiry in terms of G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022 and consider the promotion as per G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 5. Thus, as seen from the material available on record, there is no dispute regarding the initiation of disciplinary proceedings against the petitioner vide G.O.Rt.No.27 Industries & Commerce (Vigilance) Department, dated 09.02.2022 (Ex.P13) and the explanation submitted by the petitioner on 6l.09.2023. 6. SRS.J W.P.No.3125of202$- The Government issued G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008 and G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022 fixing the timelines to complete the inquiry within six months in complicated and three months in simple cases respectively. 7. In the case at hand, two years and four months have elapsed from the date of issuance of the charge memo. However, the inquiry has not been concluded in terms of G.O.Ms.No.91, dated 12.09.2022. The respondent authorities, in the guise of a charge memo, shall not ignore considering the case of the petitioner for promotion, if the petitioner otherwise is eligible. In fact, the Government issued G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999 to meet with such contingency. 8. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of both the learned counsel, directing the respondent authorities to consider the petitioner’s case for promotion in terms of G.O.Ms.257 General Administration (Ser.C) Department, dated 10.06.1999, as and when DPC is constituted and complete the inquiry in terms of G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022. No order as to costs. 9. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// ^ SECTION OFFICER To. Ppni Secretary, Industries and Commerce (Mines and Geology) Department, State of Andhra Pradesh A P Secretariat Velagapudi, Guntur District. i>ecretariat, ^ and ^h flnnr^ ?h and Geology, Sri Anjaneya Towers, B Block 6*'" and ^h floor, Ibrahimpatnam, N.T.R District. 3. One CC to Sri Ch Venkata Challa Rao 4. Two CCS to GP for Services-ll 5. Three CD Copies Advocate [OPUC] High Court of Andhra Pradesh [OUT] ssb \ HIGH COURT DATED:06/02/2025 g 1 I MAR 2025 ORDER WP.No.3125 of 2025 ^ ^ Current Secuon . DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS