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2025 DAILYLAW 6692 (AP)

T X AJAY KUMAR v. The State of Andhra Pradesh

WP/3592/2025 · 2025-02-12

Subba Reddy Satti

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3592 OF 202fi Between: cin ■ Inspector of Police, tongalagiri Guntur SS" ...PETITIONER AND '®P- Secretary, Home Department, Secretariat, Velagapudi, Guntur District. 2. The Director General of Police of AP, Mangalagiri, Guntur District. 3. The Inspector General of Police, South Costal Zone, Guntur. ...RESPONDENTS 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 nature of Writ of Mandamus by declaring the action of the respondents herein in the m not concluding the disciplinary proceedings following the impugned Charge Memo issued vide C.No.25/PR/2020, dated 25-7-2020 within the reasonable period as highly illegal, arbitrary and also in violation of G.O.Ms.No.91, General Administration(SER.C) Dept, dated 12-9-2022 and consequential the Hon’ble Court may be pleased to set aside or quash the impugned Charge Memo dated 25-7-2020 on the ground of delay and latches in concluding the disciplinary proceedings and consequential direct the respondents to promote the petitioner as Dy. Superintendent of Police for the panel year 2024-25 prepared vide RC.No.1354/G3/202 4, dated 26-12-2024. : \IA NO: 1 OF 202fi per the seniority list Inspector of Police Civil as r- r: -j, Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances m support of the writ petition, the High Court may be pleased to direct the respondents to consider the petitioners case for promotion as Dy. Superintendent of Police for the panel year 2024-25, [Civil] prepared vide dated 26-12-2024, without reference impugned Charge Memo issued vide C.N0.25/PR/2020 pending disposal of the writ petition. per the seniority list Inspector of Police RC.No.1354/G3/202 4 as to the dated 25-7-2020, Counsel for the Petitioner: SRI M. R. TAGORE Counsel for the Respondents: GP FOR HOME The Court at the stage of admission made the following: ORDER APHC010063452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0E0 [3331] 0 WEDNESDAY .THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3592/2025 Between: T X Ajay Kumar ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.M R TAGORE Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Services appeared for respondents 1 to 3. 2. The petitioner, Inspector of Police, filed the above writ petition declare the action of the respondent in not concluding the disciplinary proceedings in pursuance of the charge memo vide C.No.25/PR/2020 dated 25.07.2020 and further not considering his case for promotion due to pendency of the aforementioned charge memo, as illegal and arbitrary. ...RESPONDENT(S) to 2 A charge memo vide C.No.25/PR/2020 dated 25.07.2020 (Ex.P.1) was issued to the petitioner. The petitioner submitted a written defence and thereafter, the Inquiry Officer was appointed. The Inquiry Officer submitted his report vide C.No.25/PR/2020 dated 04.10.2022 (Ex.P.2) to the disciplinary authority. The disciplinary authority has not concluded the inquiry so far. 3. Learned counsel for the petitioner would submit that the Director General of Police submitted the list of Inspector of Police (Civil) as per seniority list for ad-hoc promotion to the cadre of Deputy Superintendent of Police (Civil) for the panel year 2024-25. The name of the petitioner is shown in SI.No.18. Learned counsel for the petitioner would submit that due to the pendency of the aforementioned charge memo, the respondents have not considered the petitioner’s case for promotion. 4. Learned Assistant Government Pleader for Services on instructions would submit that the case of the petitioner will be considered in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. 5. 6. Learned counsel for the petitioner endorses the same. 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 timeline to complete the inquiry in three months and six months in simple and complicated cases respectively. 7. 8. In the case at hand, despite submitting the inquiry report, the disciplinary authority failed to consider the same. Given the facts and circumstances of the case, without going into merits , of the matter, the Writ Petition is disposed of at the admission stage, with the 9. 3 consent of learned counsel on either side directing the respondent authorities to consider the petitioner's case for promotion, if he is in the zone of consideration for promotion strictly in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999 constituted. Learned 2"“ respondent shall conclude the inquiry in terms of G.O.Ms.No.91 General Administration (Ser.C) Department, dated No order as to costs. as and when DPC is 12.09.2022. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To SECTION OFFICER SecrPtTrPpf Department, State of Andhra becretariat, Velagapudi, Guntur District. Pradesh, 2. The Director General of Police of AP, Mangalagiri, Guntur District. 3. The Inspector General of Police, South Costal Zone 4. One CC to Sri M. R. Tagore, Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh. 6. Three C.D. Copies. Guntur. [OUT] Cnr HIGH COURT DATED: 12/02/2025 ORDER WP.No.3592 of 2025 //O 3= 0 7 MAR 2025 . Current Section . 'K^spatcvV^Sk?^ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS